The Trademark battle often runs into taking the shape of a suit for infringement, deception, claim of being a prior user, so on and so forth. While a claim for damages caused to reputation and goodwill is an integral part of the prayer, more often than not, the same includes a prayer to cancel the registration itself. In the instant case of Janardan Prasad Singh v. Jitendra Kumar 2006(32) PTC 843 (IPAB), an attempt to cancel such registration was made.
The petitioner-appellant Janardan Prasad Singh had moved an application for removal of the trademark as per Sections 47, 57 and 125 of the Trade Marks Act, 1999. The trademark was registered in the name of the respondent Jitendra Thakur. The petitioner in his application for rectification, claimed to be in the business of washing powder and washing soap under several trademarks including ‘HARAPATTA’. He claimed to have set up business in the year 1993 and since then continuously and extensively carrying out the same in the style JAYPEE
