Raman Kwatra vs The Registrar of Trade Marks

Judgment text excerpt

6-IAL-23211-2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION (L) NO. 23211 OF 2025 IN COMMERCIAL MISCELLANEOUS PETITION (L) NO. 36812 OF 2024 Raman Kwatra …Petitioner Versus Registrar of Trade Marks and Another …Respondents _______ Mr. Hiren Kamod a/w. Ms. Dishita Shah i/b. ANM Global, for the Petitioner/Applicant. Mr. Yashodeep Deshmukh a/w. Mr. Ashutosh Mishra, Mr. Rutwik Rao, Ms. Vaidehi Pradeep and Mr. Pratham Gawali, for Respondent No. 1. Mr. Venkatesh Dhond, Senior Advocate a/w. Mr. Samarth Jaidev, Mr. Pallav Palit, Mr. Arnav Dasgupta, Mr. Nishant Vyas, Mr. Yagnesh Vyas, Mr. Parth Choudhary, for the Respondent No. 2. _______ CORAM : ARIF S. DOCTOR, J. RESERVED ON : 23rd APRIL 2026 PRONOUNCED ON : 15th JUNE 2026 JUDGEMENT: 1. The captioned Commercial Miscellaneous Petition has been filed under the provisions of Section 125 of the Trade Marks Act, 1999, (“the Act”) and seeks the removal of the following marks: ‘KEI’ and ‘ ’ (“the said Page 1 of 33 Vaibhav 6-IAL-23211-2025 marks”), from the Register and List of well-known Trade Marks. 2. The Respondents raised preliminary objections to the maintainability of the present Petition and it is therefore useful for context to set out the relevant factual background in which the preliminary objections have been raised. The Facts in Brief: 3. It is not in dispute that Respondent No. 2 has obtained registration of the said marks from the Trade Mark Registry in New Delhi and has, as the registered proprietor of the said marks filed a Suit (CS Comm) No. 09/2021,in the Delhi High Court (“the Delhi Suit”), against the Petitioner for infringement and passing off, inter alia, in respect of the said marks. 4. During the pendency of the Delhi Suit, i.e. on 8th February 2023 Respo