PIDILITE INDUSTRIES LTD. Vs. SANJAY JAIN

JUDGEMENT

(1.) This rectification application has been filed under Ss. 47 and 57 of the Trade Marks Act, 1999 ('the Act') for removal/cancellation of the impugned mark <IMG>JUDGEMENT_107_LAWS(DLH)3_2024_1.JPG</IMG> bearing no. 2223608 in the Register of Trade Marks.

(2.) The said matter was initially filed before the Intellectual Property Appellant Tribunal ('IPAB') and transferred to this Court, consequent to the abolition of IPAB in 2021.

(3.) The impugned mark of which removal is sought, 'POMA-EX KIWKHEAL' (device) , was applied for on 21/10/2011, with user claimed from 1/7/2011, and was granted on 16/12/2014 to the respondent.