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Showing posts with the label trademark rectification

Delhi High Court Cancels 'Zepto' Trademark for Non-Use

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  Delhi High Court Cancels 'Zepto' Trademark for Non-Use: A Landmark Decision on Trademark Diligence By Abhishek Jat, Advocate In a landmark judgment, the Delhi High Court has delivered a significant ruling in the realm of trademark law, emphasizing the importance of active use and due diligence in trademark registration. The court ordered the cancellation of the 'Zepto' trademark, registered in 2014, in a rectification petition filed by Kiranakart Technologies Pvt. Ltd., a prominent player in the quick commerce sector. This decision underscores the principle that trademarks are not merely passive assets but require genuine commercial use to retain their validity. Background of the Case Kiranakart Technologies Pvt. Ltd., operating under the well-known 'Zepto' brand, is a rapidly growing startup that provides instant consumer goods delivery services. Since its inception in July 2021, the company has achieved remarkable success, expanding its operations to ...

Madras High Court Clarifies Jurisdiction in Trademark Rectification Cases: A Landmark Ruling

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  Madras High Court Clarifies Jurisdiction in Trademark Rectification Cases: A Landmark Ruling By Abhishek Jat, Advocate In a significant judgment, the  Madras High Court  has provided much-needed clarity on the jurisdictional aspects of trademark rectification petitions under  Sections 47 and 57 of the Trade Marks Act, 1999 (TM Act) . The case,  Woltop India Pvt. Ltd. vs Union of India & Others , addressed the critical question of which High Court has the authority to hear rectification petitions concerning trademark registrations. The Court held that the High Court referred to in Sections 47 and 57 is the one exercising  appellate jurisdiction  over the  Registrar of Trade Marks  who made the impugned entry. This ruling has far-reaching implications for trademark disputes and aims to prevent jurisdictional chaos, conflicting decisions, and legal uncertainty. Background of the Case The petitioner,  Woltop India Pvt. Ltd. , f...