Read Time: 03 minutes
Ms. Dolma Tsering alleged that the respondent had adopted not only her previously used trademark but also that the said trademark was identical and used her name as in ‘DOLMA'
The Delhi High Court recently allowed a trademark infringement suit filed by the owner of Dolma Aunty Momos against trademark infringement by one Mohd. Akram Khan (the respondent).
The bench of Justice Anish Dayal held, “In view of the above facts and circumstances and having perused the documents placed on record as well as hearing submissions of counsel for petitioner, this court is of the view that the trademark of respondent No.1 be cancelled and removed from the Trade Marks Register same should accordingly be rectified”.
The petitioner (Dolma Aunty Momos) filed a rectification petition seeking the cancellation and removal of the respondent’s trademark ‘DOLMA AUNTY MOMOS’. The petition was initially filed before the Intellectual Property Appellate Board (IPAB) in 2021 but was transferred to the Delhi High Court following the abolition of the IPAB. The respondent had not appeared despite being served notice, and therefore, was proceeded ex-parte.
The petitioner, Ms. Dolma Tsering, claimed to be the proprietor of M/s Dolma Aunty Momos, operating since 1994 with a principal outlet at Central Market, Lajpat Nagar-1, New Delhi. Advocate Soumil Karl Gonsalves appearing for her submimtted that she had been engaged in the business of selling Tibetan delicacies such as momos and other products, and as of 2021, she operated five shops across Delhi-NCR. The petitioner owns registration for the trademark ‘DOLMA AUNTY MOMOS’, with claimed use dating back to January 1, 1994, he claimed.
Based on the evidence and arguments presented, court ordered the cancellation and removal of respondent's trademark from the Trade Marks Register. Court directed the Registrar of Trade Marks to update its website within four weeks.
Case Title: Dolma Tsering v Mohd. Akram Khan And Anr
Please Login or Register
