AMIT SOOD Vs. UNION OF INDIA

JUDGEMENT

(1.) This hearing has been done through hybrid mode.Facts

(2.) The present petition arises out of a cancellation petition filed under Sec. 57 of the Trade Marks Act, 1999 (hereinafter referred as 'the Act') by the Petitioner seeking cancellation of the mark 'ROSHAN' bearing no.1324435 in Class 42. The bibliographic details of the mark 'ROSHAN' is set out below: <IMG>JUDGEMENT_10_LAWS(DLH)5_2024_1.jpg</IMG>

(3.) The provisions on the basis of which cancellation is sought are under Ss. 47 and 57 of the Trade Marks Act, 1999. The case of the Petitioner is based upon the prior use of the mark as also the goodwill and reputation of the mark 'ROSHAN' in respect of photo studio and other cognate and allied goods/services.