Allegation of non use deemed admitted as registered proprietor did not file reply. Trademark Rectified on the ground of non use
Facts of the Case: Kiranakart Technologies Pvt. Ltd., a well-known startup operating under the brand name ZEPTO, provides quick commerce services across India. The company discovered that Mohammad Arshad had registered the trademark "ZEPTO" under Class 35 in 2014 but had not used it for the claimed services. Kiranakart filed a rectification petition under Sections 47 and 57 of the Trade Marks Act, 1999, seeking cancellation of the respondent's mark due to non-use.
Procedural Background:The Delhi High Court issued notice to the respondents on May 17, 2024. Respondent No. 2 appeared, but Respondent No. 1, Mohammad Arshad, initially appeared on September 25, 2024 and later stopped attending hearings. Despite multiple opportunities, he neither filed a reply nor contested the case. The petitioner provided evidence of its widespread use and promotion of the ZEPTO mark, while also demonstrating that the respondent had not used the mark for over eight years.
Reasoning of the Court:The court noted that since Respondent No. 1 failed to contest the case, the allegations of non-use were deemed admitted. Relying on precedents such as DORCO Co. Ltd. v. Durga Enterprises (2023 SCC OnLine Del 1484), the court emphasized that a trademark must be genuinely used for the registered services. In this case, the respondent’s mark ZEPTO had not been used in Class 35 for a continuous period exceeding five years, making it liable for cancellation under Section 47(1)(b) of the Trade Marks Act.
Decision:The court ordered the removal of the trademark ZEPTO (Reg. No. 2773519) in Class 35 from the Trade Marks Register. It directed the Trade Marks Registry to cancel the registration and dispose of all pending applications.
Case Details
Case Title: Kiranakart Technologies Pvt. Ltd. Vs. Mohammad Arshad
Date of Order: March 3, 2025
Case Number: C.O. (COMM.IPD-TM) 62/2024
Neutral Citation: 2025:DHC:1500
Name of Court: Delhi High Court
Name of Hon’ble Judge: Hon'ble Mr. Justice Amit Bansal
