S. SUDHAKAR Vs. M/S. "GRB" DAIRY FOOD PVT. LTD. & ANOTHER

JUDGEMENT

(1.) THE two rectification applications are for removal of the trademarks "Udhayam" and "GRB's Udhayam" registered under Nos.785124 and 1077180 in class 29 respectively under the provisions of section 57 of the Act.

(2.) THE facts of the case are one and the same and the issues, therefore the matters were heard together and a common order is being passed.

(3.) THE applicant is the joint proprietor of the trademark / label "Udhaiyam" and is carrying on business through Shri Lakshmi Agro Foods Pvt. Ltd. The said company is engaged in the business of marketing food and allied products under the said trademark "Udhaiyam". The company is inter -alia engaged in the manufacture and / or marketing activity of Dhall under the trademark / label "Udhaiyam".