Roppen Transportation Services Private Limited v. Mr. Nipun Gupta & Anr.
Trade Marks – Rectification/Cancellation – Sections 47 and 57, Trade Marks Act, 1999
Case brief
What is this about?
Delhi High Court (Amit Bansal, J.) allowed four ex-parte rectification petitions C.O. (COMM.IPD-TM) 80, 138, 139 and 140/2024 by Roppen Transportation Services Private Limited against respondent no.1 Mr. Nipun Gupta, ordering removal from the Register of Trade Marks of his identical word-mark 'RAPIDO' registrations Nos. 4459206 (Cl.39), 4459194 (Cl.12), 4459197 (Cl.25) and 4459208 (Cl.42) dated 02.03.2020 ('proposed to be used'). Petitioner, prior user of RAPIDO marks since 2015 with registrations from 2017, established triple identity (mark, goods/services, trade channels), likelihood of confusion, and dishonest adoption; continuance of registrations held contrary to Section 11 and cancellable under Sections 47 and 57 of the Trade Marks Act, 1999. Keywords: RAPIDO; Roppen; Nipun Gupta; rectification; cancellation; Section 11; Section 57; Triple Identity Test; ex-parte; well-reputed mark; bike-taxi.