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Bad Faith and Trademark Rectification

The Rectification Petition:
Case at hand refers to the process of correcting or removing a registration from an official record or register. In this case, the registration for "ROSHAN" was rectified, meaning it was altered or removed from the register.

Impugned Registration:
The registration of "ROSHAN" is being challenged or questioned.

Not honest adoption of mark/name:
The adoption of the names "ROSHAN STUDIOS" or "ROSHAN PORTRAITS" was not done in good faith or with honesty.

Resulting in passing off:
Passing off refers to the act of unfairly using someone else's intellectual property (such as a trademark or brand name) to deceive or confuse consumers. The adoption of the names "ROSHAN STUDIOS" or "ROSHAN PORTRAITS" is leading to confusion or deception among consumers.

No plausible justification:
The respondents (those defending the use of the names) have not provided any reasonable explanation or justification for using the impugned name/mark.

Flawed claim of ownership:
The respondents' claim of ownership of the mark is considered flawed because the goodwill associated with the name does not belong to them but to the petitioner (the party challenging the registration).

Duty of the court in cancellation petitions:
The court has a responsibility to ensure that the register of trademarks is maintained accurately and that registrations are not allowed to remain if they are obtained dishonestly or if they infringe on the rights of others.

Case at hand describes a legal dispute over the registration of the trademark "ROSHAN" and the use of related names, with the court finding that the adoption of these names was not honest and resulted in passing off, leading to the rectification of the registration.

The Case Discussed:
Case Title: Amit Sood Vs Union of India and Ors
Judgment/Order Date: 03.05.2024
Case No:WP (C) IPD 54 of 2021
Neutral Citation: 2024:DHC-3533
Name of Court: Delhi High Court
Name of Hon'ble Judge: Prathiba M Singh,H.J.

This article is meant for informational purposes only and should not be construed as substitute for legal advice as Ideas, thoughts, views, information, discussions and interpretation perceived and expressed herein are are subject to my subjectivity and may contain human errors in perception, interpretation and presentation of the fact and issue of law involved herein.

Written By: Advocate Ajay Amitabh Suman, IP Adjutor - Patent and Trademark Attorney
Email: [email protected], Ph no: 9990389539

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