Delay in filing the rectification petition not a reason for a wrongful registration to remain in the Register of Trade Marks: Delhi High Court
In a recent judgment, the Delhi High Court directed the cancellation of a registration granted for the MOLTY COIR MATTRESS Device mark in favour of Jay Kay Coir Foam Pvt. Ltd. (“Respondent”), despite a delay of eight (8) years in filing the rectification petition by Master Enterprises Pvt. Ltd. (“Petitioner”).
The Petitioner, a company based out of Pakistan, and a part of the Master Group of Companies, claimed to have used the MOLTY trade mark on and in relation to synthetic foam and insulating materials for mattresses, since 1963. The Petitioner also contended that the MOLTY trade mark had attained popularity not only in Pakistan, but also internationally, including India, where it had been used since at least 1997.
The Respondent contended to have adopted the trade mark MOLTY prior to the Petitioner, in 1995. It argued that the rectification petition was time-barred as the trade mark was entered in the Trade Marks Register in 2005, while the rectification petition was filed in 2013.
The court observed that even though the Petitioner was not physically present in India, it had established a transborder reputation in India for the MOLTY trade mark. It further noted that the Respondent had failed to provide any documents since 1995, despite claiming prior use, and thus could not claim any benefit of being an honest and concurrent user of the MOLTY trade mark. The Respondent had also failed to provide any reason for the adoption of the trade mark MOLTY for identical goods to those of the Plaintiff.
Accordingly, the court held that any delay in filing the rectification petition cannot be a valid ground for the Respondent’s registration to remain on the Trade Marks Register, and directed the cancellation of the Respondent's registration for the MOLTY COIR MATTRESS Device mark.
Master Enterprises Pvt. Ltd. v. Jay Kay Coir Foam Pvt. Ltd. And Anr. [C.O. (COMM.IPD-TM) 599/2022], judgment dated October 4, 2024 Click here to know more
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