HIGHLIGHTS OF THE MONTH
The Delhi High Court cancels the registration of the
mark 'ZEPTO' for non-use, granting relief to Kiranakart
Technologies Private Limited
[Kiranakart Technologies (P) Ltd. vs. Mohd. Arshad, C.O.
(COMM.IPD-TM) 62 of 2024]
The Delhi High Court granted relief to Kiranakart Technologies
Private Limited (Petitioner), which has been operating under the
trademark/ brand 'ZEPTO', by cancelling an identical mark
registered by an individual back in 2014 with the claim of use
since 2011 but was found to be not in use.
The Court noted that the Respondent did not file a response to
the Petitioner's petition, which was interpreted as an implicit
admission that the 'ZEPTO' mark was wrongfully maintained
on the Trade Marks Register. The Court observed that the Respondent
appeared to have registered the mark without any intent or action
showing actual use, while the Petitioner had been actively using
the 'ZEPTO' mark since 2021.
