SUDHEER BAHL Vs. KHYBER RESTAURANT & ANR.

JUDGEMENT

(1.) ORDER (256 of 2013)

(2.) THE application is for rectification of the impugned Trade Mark under No. 1276803 in Class 42 under Sections 47, 57 and 125 of the Trade Marks Act, 1999. The brief facts of the applicants case are: - that the applicant, includes his predecessors -in -title i.e., the partnership firm Khyber Restaurant having its partners viz., Ohm Prakash Bahl, the applicant herein and the other partners. The firm commenced its business of running restaurant in the year 1958 for providing various types of cuisines by using superior quality ingredients and flavours.

(3.) OVER the years of popularity and being in the limelight on account of the restaurant being visited by dignitaries and the rich and famous personalities of not only Mumbai but also those visiting from other parts of India and abroad has caused not only the business under the name of Khyber Restaurant to become popular and have goodwill, but has also caused the words Khyber Restaurant and Khyber to become synonymous with it, which needless to state continues as on date.