New Delhi, Mar 15 (PTI) The Delhi High Court has cancelled an Uttar Pradesh resident’s registration of “Dolma Aunty Momos” trademark after Dolma Tsering, who runs the popular momos stall under the same name in Lajpat Nagar central market, filed a petition against it.
Justice Anish Dayal, in a recent order, noted that the petitioner set up a small shop at Lajpat Nagar in 1994 as the first retailer of momos, Tibetan delicacy, which have since become popular across Delhi-NCR.
The petitioner sought cancellation of Mohd Akram Khan’s registration of the trademark on the ground that he adopted her mark which is identical and is based on her name “Dolma”.
“This court is of the view that the trademark of respondent No.1 be cancelled and removed from the Trade Marks Register and the same should accordingly be rectified. It is directed accordingly,” said the judge in an ex-parte order.
“Respondent No.1’s registered trade mark be removed and cancelled in the above terms,” ordered the court.
Khan had registered “Dolma Aunty Momos” in September 2018 on a “proposed to be used basis”.
In her rectification petition, Tsering said she was granted the registration in November 2023 on the basis of its use since January 1994.
Considering that the respondent did not appear or respond to the petition in spite of notice, the petitioner’s allegations were not rebutted and therefore, would have to be accepted, the court said.
In an order passed in April last year, the high court had noted that the respondent was served with the court notice at his Uttar Pradesh address on March 14. PTI ADS ADS SK SK
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