CENTURY 21 REAL ESTATE LLC vs CENTURY 21 TOWN PLANNERS PVT LTD AND ANR

Judgment text excerpt

902-COMP-36-2022 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL MISCELLANEOUS PETITION NO. 857 OF 2022 WITH COMMERCIAL MISCELLANEOUS PETITION NO. 36 OF 2022 WITH COMMERCIAL MISCELLANEOUS PETITION NO. 824 OF 2022 WITH COMMERCIAL MISCELLANEOUS PETITION NO. 834 OF 2022 WITH INTERIM APPLICATION NO. 2136 OF 2022 IN COMMERCIAL MISCELLANEOUS PETITION NO. 36 OF 2022 WITH INTERIM APPLICATION NO. 2132 OF 2022 IN COMMERCIAL MISCELLANEOUS PETITION NO. 857 OF 2022 Century 21 Real Estates LLC …Petitioner Versus Century 21 Town Planners Pvt. Ltd. & Anr. …Respondent _______ Ms. Shwetasree Majumder, Ms. Janhvi Chadha, Ms. Priya Adlakha, Mr. Dhirendra Singh, Ms. Aishwarya Ambardekar i/b. Mr. Bimal Rajasekhar for the Petitioner. Ms. Pooja Jain, Ms. Bhavi Gada for the Respondent. _______ Page 1 of 43 Vaibhav 902-COMP-36-2022 CORAM : ARIF S. DOCTOR, J. RESERVED ON : 17th FEBRUARY 2026 PRONOUNCED ON : 6th MARCH 2026 JUDGMENT 1. The captioned Commercial Miscellaneous Petitions impugn the validity of the following four registrations obtained by Respondent No. 1 viz. Petition Trade mark Registration Dated Class User Claim No. No. 824 of 2022 1941724 26.03.2010 16 09.04.2007 834 of 2022 1959526 03.05.2010 41 Proposed to be used 857 of 2022 1957532 29.04.2010 36 09.04.2007 36 of 2022 1941725 26.03.2010 35 09.04.2007 The Petitioner has impugned the aforesaid registrations of the trade mark ‘C21’ (“the impugned registrations") and has sought rectification of the register of trade marks on the basis that the Petitioner has prior rights, both statutory and common law in ‘CENTURY 21’ and ‘C21’ word as well as device mark worldwide and also in India. Page 2 of 43 Vaibhav 902-COMP-36-2022 The Facts and Challenge in Brief: 2. The Petit