ORDER

This petition has been filed under Section 57 of Trade Marks Act, 1999 (in short “the Act”) seeking to rectify the Trade Mark registration obtained by the 1st respondent in respect of the Trade Mark 'DOLOBENE'. According to the petitioner, the said Trade Mark 'DOLOBENE' is deceptively similar to that of the applicant's trade mark 'DOLOBAN'.

2.The following are the undisputed facts:

a)The petitioner and the 1st respondent are both Pharmaceutical Companies.

The petitioner obtained Trade Mark Registration for its mark 'DOLOBAN' in the year 1994 and while obtaining registration, the petitioner had disclosed that they have been using the mark 'DOLOBAN' from the year 1993.

b)The registration of the petitioner's mark 'DOLOBAN' under the Trade Marks Act got expired on 03.02.2004. The petitioner did not renew the registration for a further period under the Trade Marks Act, 1999 .

c)The 1st respondent who is also in the pharmaceutical business of manufacturing pharmaceutical products obtained Trade Mark Registration for its Trade Mark 'DOLOBENE' in the year 2004. While applying for Trade Mark Registration for 'DOLOBENE' in their application, they had disclosed that they have been using th