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Judgment
MINI PUSHKARNA, J (ORAL)
The present petition has been filed with prayer for removing from Register of Trade Marks, entry made in respect of trade mark number 1677649 of April 21, 2008 for the mark ‘CHYAWANPRASAD’ in Class 5 in favour of the respondent.
Learned counsel for petitioner submits that the present petition for removal of the trademark or rectification of the Register has been filed under Sections 47 and 57 of the Trade Marks Act, 1999, for the reason that the respondent is not using the trade mark ‘CHYAWANPRASAD’ and only has its products sold by the name of ‘DABUR CHYAWANPRASH’.
It is submitted that the petitioner has been selling its products under the mark ‘ZANDU CHYAVANPRASHAD’ since the year 2017 and for this purpose has drawn the attention of this Court to the invoices, which are on record showing sale of the products of the petitioner under the mark ‘ZANDU CHYAVANPRASHAD’ since the year 2017.
He, thus, submits that the respondent has indulged in ghost registration of the mark ‘CHYAWANPRASAD’, as the respondent has no intention to use the said mark.
At this stage, learned counsel for the respondent submits that the respondent sells its products under the mark ‘DABUR CHYAWANPRASH’ and other formatted marks. She, however, concedes that the respondent is not using the mark ‘CHYAWANPRASAD’. She further submits under instructions, that the respondent is ready to give up the registration of the mark ‘CHYAWANPRASAD’. She further submits that she will file an appropriate application before the Registrar of Trade Marks for the purposes of cancellation of the mark ‘CHYAWANPRASAD’ from the Register of Trade Marks.
At this stage, learned counsel for respondent no.2 submits that in view of the statement made by respondent no.1, the Registrar of Trade Marks can take steps for the purposes of rectification of the Register, and remove the mark ‘CHYAWANPRASAD’ from the Register of the Trade Mark Registry.
Accordingly, it is directed that respondent no.2 shall immediately initiate the process for the purposes of removal of the mark ‘CHYAWANPRASAD’, as registered in the name of respondent no.1.
With the aforesaid directions, the present petition is disposed of.