SANJAY CHADHA TRADING Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant - who carries on business as a sole proprietor under the name M/s Eveready Tools Emporium - has filed the present intra court appeal, inter alia, impugning a judgement dtd. 17/2/2022 (hereafter 'the impugned judgement') passed by the learned Single Judge, whereby the appellant's petition [being W.P.(C)-IPD No. 12/2021 captioned Mr. Sanjay Chadha Trading as Eveready Tools Emporium and Anr. v. Union of India and Ors.], was rejected.

(2.) The appellant had preferred the aforesaid petition under Articles 226 and 227 of the Constitution of India impugning an order passed by the Intellectual Property Appellate Board (hereafter 'IPAB') on 22/9/2020 (hereafter 'the IPAB order'), whereby the IPAB ordered that the appellant's trademark registrations being the word mark "EVEREADY" (Trademark Registration no. 439233) and the device mark (Trademark Registration no. 539621) be removed from the Register of Trademarks.

(3.) The IPAB order was passed pursuant to the rectification/cancellation petitions bearing nos. ORA/97/2009/TM/DEL and ORA/98/2009/TM/DEL, filed by respondent no.3 - Eveready Industries India Limited.