PAS AGRO FOODS, REPRESENTED BY ITS MANAGING PARTNER SRI. ASHARAF K.V. Vs. KRBL LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR

JUDGEMENT

(1.) This Special Jurisdiction Case is filed under Sec. 57 read with Ss. 124 and 125 of the Trade Marks Act, 1999 (hereinafter referred to as 'the Act') and Sec. 50 of the Copyright Act, 1957, by a firm formed and having business operations in Kerala to cancel the trade mark registration 'INDIA GATE' owned by the Respondent No.1, a limited company incorporated in New Delhi. The Respondent No.1 acquired the statutory rights of the trade mark 'INDIA GATE' through a Deed of Assignment dtd. 6/8/2019, assigned by one Mr. Ram Pratap, who obtained the trade mark registration for 'INDIA GATE" from the Trade Marks Registry, New Delhi, on 18/6/1993.

(2.) The Respondent No.1 challenged the maintainability of the case by filing I.A. No.2 of 2025, and accordingly, the maintainability of the case was heard by me as a preliminary issue.

(3.) The Respondent No.1 raised two grounds in support of its challenge against the maintainability of the case:-