RAKESH KUMAR AGGARWAL vs INTELECTUAL PROERTY APPLELLATE BOARD AND ANR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 28/02/2026 + W.P.(C)-IPD 66/2021 & CM APPL. 3710/2017 RAKESH KUMAR AGGARWAL .....Petitioner Versus INTELLECTUAL PROERTY APPLELLATE BOARD AND ANR .....Respondents AND + W.P.(C)-IPD 69/2021 & CM APPL. 3712/2017 RAKESH KUMAR AGGARWAL .....Petitioner Versus INTELLECTUAL PROPERTY APPELLATE BOARD AND ANR .....Respondents Advocates who appeared in this case For the Petitioner : Mr. Varun Dhingra & Ms. Khushi Gupta, Advocates. For the Respondents : Mr. Amit Jain & Mr. Bhavesh, Advocates for Respondent No.2. CORAM: HON'BLE MR. JUSTICE TEJAS KARIA JUDGMENT TEJAS KARIA, J INTRODUCTION: 1. The present Petitions have been filed challenging the order dated 10.05.2016 (“Impugned Order”) passed by Respondent No. 1 in Rectification Application bearing No. ORA/30/2013/TM/DEL filed by Respondent No. 2 in W.P.(C)-IPD 66/2021 and Rectification Application W.P.(C)-IPD 66/2021 & W.P.(C)-IPD 69/2021 Page 1 of 21 Signature Not Verified Signed By:GANGA SINGH RAWAT Signing Date:28.02.2026 20:35 bearing No. ORA/31/2013/TM/DEL filed by Respondent No. 2 in W.P.(C)-IPD 69/2021 (“Rectification Applications”) directing the Registrar of Trade Marks at Delhi (“Registrar”) to cancel and remove the Mark ‘THUKRAL’ under Registration No. 1223066 in Class 21 from the Trade Marks Register. SUBMISSIONS ON BEHALF OF THE PETITIONER: 2. The learned Counsel for the Petitioner made the following submissions: 2.1 The Petitioner has been trading as Agarwal Enterprises, Ganesh Ganj Kila, Bareilly, Uttar Pradesh, being sole proprietor thereof, and a manufacturer, trader and merchant of all types brooms, included in Class 21. The Petitioner has been carrying on his business since 1995 using several trade marks including the Mark ‘THUKRAL’ in respect of th