CROMPTON GREAVES CONSUMER ELECTRICALS LIMITED vs BALI RAM TRADING AS BALI KITCHENWARE INDUSTRIES AND ANR

Judgment text excerpt

* I N T H E H I G H CO U R T O F D E L H I A T N E W D E L H I Reserved on: April 28, 2025 % Pronounced on: May 28, 2025 + C.O.(COMM.IPD-TM) 243/2021 CROMPTON GREAVES CONSUMER ELECTRICALS LIMITED .....Petitioner Through: Mr. Hemant Daswani, Ms. Pranjal, Ms. Saumya Bajpai and Mr. Kunal Prakash, Advs. Versus BALI RAM TRADING AS BALI KITCHENWARE INDUSTRIES AND ANR. .....Respondents Through: Ms. Nidhi Raman, CGSC CORAM: HON’BLE MR. JUSTICE SAURABH BANERJEE JUDGMENT 1. The petitioner, by this rectification application under Section 57 of the Trade Marks Act, 19991, seeks removal of the impugned mark ‘CROMPTON’ registered vide trademark application no. 516081 in Class 21, in the name of respondent no.1. 2. The application was originally filed before the Intellectual Property Appellate Board (IPAB) and has since been transferred to this Court subsequent to the abolition of the Appellate Board in 2021. 1 Hereinafter referred as “TM Act.” C.O.(COMM.IPD-TM) 243/2021 Page 1 of 6 Signature Not Verified Digitally Signed By:BABLOO SHAH Signing Date:28.05.2025 18:49:45 3. The petitioner herein is a public listed company, duly incorporated under the Indian Companies Act, 2013, and is involved in the manufacturing and/ or marketing of consumer electrical goods. The petitioner is the registered proprietor of ‘CROMPTON GREAVES’ in Class 21 since 1943. The predecessors of the petitioner, i.e., Crompton Greaves Limited and Crompton Parkinson Works Limited, were the market leaders in electrical goods, as they sold electrical goods under the name and style of the impugned trademark with effect from 1943. In fact, the said trademark ‘CROMPTON GREAVES’ of the petitioner has since been declared a ‘well-known trademark’ in terms of Section 2(1)(zg) of the TM Act. 4. The respondent no.1 applied fo