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Judgment
Prathiba M. Singh, J. (Oral)
This hearing has been done through hybrid mode.
The present petition has been filed by Acko Technology and Services Pvt. Ltd. seeking cancellation of the trademark No. 5320418 registered in the name of the Respondent- Mr. Bal Kishan in Class 11 (hereinafter ‘impugned mark’). The said mark is set out below:-
The Petitioner’s case is that ‘ACKO’ is a mark which has been adopted by it as a trademark/service mark and is also part of its corporate name in respect of insurance services. The Petitioner provides insurance for various sectors including automotive, mobile products, household appliances, electronic or mechanical gadgets etc. The insurance products of the Petitioner also extend to travel insurance, group personal accident insurance etc.
The mark ‘ACKO’ was adopted by the Petitioner in the year 2016 and has been in use in India since then. The mark ‘ACKO’ is used by the Petitioner both as a word mark as also in a logo style. The mark ‘ACKO’ is also used as a permanent part of the corporate name of the Petitioner. The various trademark registrations of the Petitioner would show that the mark was applied for in December, 2017 in Classes 42 and 38. The details of the registrations of the Petitioner are set out in paragraph 12 of the petition. The said marks are extracted as under:
| Trade Mark | Application Date of Class No. | Date of Class No. Application/ User Claim | Class |
|---|---|---|---|
| ACKO | 3691827 | December 01, 201 7 Proposed to be Used | 42 |
| ACKO | 3691829 | December 01, 20 17 Proposed to be Used | 38 |
| 4636749 | September 02, 2020 Use Since September 27, 2017 | 35,36 and 37 | |
| ACKO TECHNOLOGY & SERVICES PRIVATE LIMITED | 3491654 | February 23, 2017 Use Since September 07, 2016 | 42 |
| ACKO TECHNOLOGY & SERVICES PRIVATE LIMITED | 3491656 | February 23, 2017 Use Since September 07, 2016 | 38 |
| ACKO TECHNOLOGY & SERVICES PRIVATE LIMITED | 4741592 | November 11, 2020 Use Since September 07, 2016 | 35 |
| ACKO TECHNOLOGY & SERVICES PRIVATE LIMITED | 4741595 | November 11, 2020 Use Since September 07, 2016 | 37 |
| ACKO TECHNOLOGY & SERVICES PRIVATE LIMITED | 4741597 | November 11, 2020 Use Since September 07, 2016 | 44 |
| ACKOHEALTH | 4755011 | November 24, 2020 Proposed to be Used | 9, 35, 36 and 44 |
| 4760008 | November 27, 2020 Use Since | 35 and 37 |
December 0 1 , 20 19
The Court has heard ld. Counsel for the Petitioner. The Petitioner’s turnover in India is stated to be over Rs. 1,300/- crore. The Petitioner has also won several awards. The Petitioner is aggrieved by the registration of the mark ‘ACKOLITE’ by the Defendant for household appliances and installations in Class 11. Ld. Counsel for the Petitioner has submitted that the impugned mark registered by the Respondent would severely impinge upon the Petitioner’s rights. Clearly, in the present facts and circumstances, in light of the rights of the Petitioner in the mark ‘ACKO’ as also other similar marks, the Petitioner would be a person aggrieved by the Registration of the impugned mark. The registration of the impugned mark is also contrary to the principles emanating from Section 11 of the Trade Marks Act, 199.
Mr. Bal Kishan, the Respondent has appeared virtually today and submits that he does not wish to continue with the registration of the impugned mark. Even otherwise, considering that the Petitioner offers insurance for household appliances, the use of the mark ‘ACKOLITE’ in respect of household appliances would undoubtedly be a fit case for exercise of powers under Section 57 of the Trade Marks Act, 1999 as the impugned mark would also cause confusion as to association of the Defendant with the Petitioner.
In view of the submissions made on behalf of the ld. Counsel for the Petitioner and Respondent in person, the mark bearing no. 5320418 in Class 11 is cancelled. The existence in the impugned mark in the register would also be contrary to law. Accordingly, the impugned mark is directed to be removed from the Register of Trademarks.
The present order be given effect to within eight weeks by the Registrar of Trademarks. Ms. Nidhi Raman, ld. CGSC, who is present in Court, is requested to accept notice for the Registrar of Trademarks.
The Registry is directed to supply a copy of the present order to the office of the Controller General of Patents, Designs & Trademarks of India on the e- mail- [email protected] for compliance.
The petition is disposed of with all pending applications.