Calcutta High Court Orders Removal Of HSIL's “A Somany Enterprise” Trademark For Non-Use
The Calcutta High Court, exercising jurisdiction through its Intellectual Property Rights Division, by an order passed by Justice Ravi Krishan Kapur, has directed the removal of the registered device mark “A Somany Enterprise” from the Register of Trade Marks on the ground of non-use.
The Court allowed a trademark rectification petition filed by Somany Ceramics Limited under Sections 47 and 57 of the Trade Marks Act, 1999, seeking removal of the registered device mark “A Somany Enterprise”, bearing Registration No. 595609 in Class 16, which stood in the name of HSIL Limited.
The impugned mark was applied for claiming user from 13 April 1992 and was registered on 27 April 1993. The principal ground urged by the petitioner was that the respondent had never used the impugned mark commercially as a trade mark in relation to the goods for which it was registered, and that no documentary material existed to demonstrate bona fide use.
On behalf of the respondent, it was submitted that HSIL had no objection if the petition was allowed on the ground of non-commercial use under Section 47 of the Trade Marks Act, 1999. In view of the fair concession made, the Court allowed the petition and directed that the registered device mark “A Somany Enterprise” be removed from the Register of Trade Marks.
The Court clarified that the order was passed without prejudice to the rights and contentions of the parties in all pending proceedings pertaining to the mark “Somany”.
Appearances:
Somany Ceramics Limited was represented by Mr. S. N. Mookherji, Senior Advocate; Mr. Ranjan Bachawat, Senior Advocate; Mr. Ashutosh Kumar; Mr. Sajan Shankar Prasad; Mr. Tanmoy Roy; Mr. Partheshwar Singh; Mr. Yash Singhi; Mr. Sagnik Bose; Ms. Aheriya Roy; and Mr. Askash Kumar, Advocates.