´COFFEE TIME´ Ordered To Be Removed From The TM Register

Maintaining the "purity" of the trademark register is one of the primary concerns of trademark practice in India. To enable this, the law provides for a procedure to apply for a rectification to be made in the Register. Provided under Chapter VII of the Trade Marks Act, 1999, it accords the power to cancel or vary registration and rectify the register (Section 57), correction of the register (Section 58), alteration of a registered trademark (Section 59) and adaptation of entries in the register to amended or substituted classification of goods or services. Societe des Produits Nestle S.A. v. Super Star Confectionery Co. (P) Ltd is one such case of rectification that appeared before the Intellectual Property Appellate Board.