Delhi High Court cancels trademark which infringed 'Dolma Aunty Momos' mark

The Delhi High Court recently cancelled the trademark registration of a man for infringing the trademark 'Dolma Aunty Momos'. [Dolma Tsering v Mohd Akram Khan and Anr.].Justice Anish Dayal observed that since the respondent did not appear, the allegations stood unrebutted and therefore, had to be accepted.."Considering that respondent No.1 has not appeared or responded to the said petition, allegations of non-use by petitioner stand unrebutted and, therefore, will have to be accepted. The petitioner has, therefore, claimed cancellation inter alia on the ground of Sections 11(1), 11(2), 11(3)(a) and 47 of the Trade Marks Act, 1999," the Court said..The Court was hearing a rectification petition by Dolma Tsering, the proprietor of the iconic Dolma Aunty Momos in Delhi's Lajpat Nagar. She sought cancellation of one Mohd Akram Khan's trademark for infringing her business' trademark..This petition was filed before the Intellectual Property Appellate Board (IPAB) in 2021. However, post abolition of the IPAB, it was transferred to the High Court..In support of her plea, Tsering informed the Court that engaged in the business of selling the Tibetan delicacy ‘momos’ and other like products since 1994, and as of 2021 ran five shops across Delhi-NCR.She added that her trademark was registered in 2023 in Class 29 and that another application for registration under Class 43 was pending with the application bearing status ‘Accepted & Advertised’. Moreover, she informed the Court that she obtained registration under Food Safety and Standards Act in 2016 and drew attention to certain screenshots of newspaper articles highlighting quality and popularity of her goods and services.Tsering's grievance was that the respondent adopted not only her prior used trademark but also that it was identical and used her name 'Dolma'..Given that the respondent did not appear, the Court proceeded ex parte. Since the allegations were not rebutted, the Court accepted the petitioner's plea and cancelled the respondent's registration on the grounds of section 11 and 47 of the Trade Marks Act and removed the mark from the Trade Marks Register..Dolma Tsering was represented by advocate Soumil Karl Gonsalves..[Read Order]