The Delhi High Court has ruled to cancel the "Dolma" trademark, adopted by an Uttar Pradesh resident, favouring Dolma Tsering, the proprietor of the renowned "Dolma Aunty Momos" in South Delhi, who complained about it. The decision comes as a victory for Tsering, whose momo stall, established in 1994, has gained widespread popularity.
The matter was brought before the Intellectual Property Appellate Board (IPAB) in 2021. However, with the IPAB's abolition, jurisdiction over the case shifted to the Delhi High Court. Presiding over the case, Justice Anish Dayal directed the revocation and removal of the "Dolma" trademark from the Trade Marks Register.
Tsering's grievance centred on Mohd Akram Khan from Uttar Pradesh's alleged exploitation of her established trademark. She contended that Khan's trademark bore a striking resemblance and directly utilized her name, "Dolma." Supported by evidence, including press clippings and photographs of her momo stall, Tsering petitioned to cancel Khan's trademark registration under various Trade Marks Act 1999 provisions.
Khan had not responded to the petition, leaving Tsering's assertions unchallenged. Consequently, the court accepted Tsering's claims and ordered the removal of Khan's "Dolma" trademark from the Trade Marks Register.
In his ruling, Justice Anish Dayal underscored the gravity of the situation, stating, "Because of the above facts and circumstances...this court believes that the trademark of respondent be cancelled and removed from the Trade Marks Register, and the same should be rectified accordingly." The court's directive mandates rectifying the Register and updating the Registrar of Trademarks' website within four weeks.
The decision marks a significant victory for Dolma Tsering and reaffirms the importance of protecting established trademarks from exploitation and infringement. It also underscores the judiciary's role in upholding intellectual property rights in the commercial domain.
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