The Delhi High Court has cancelled the “Dolma” trademark adopted by an individual after Dolma Aunty Momos filed a plea against its use.
The rectification petition was initiated by Dolma Tsering, famously known as Dolma Aunty, who began selling momos in the national capital in 1994 and whose stall in Lajpat Nagar has gained immense popularity over the years.
Justice Anish Dayal directed the cancellation and removal of the impugned trademark from the Trade Marks Register.
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Tsering’s plea sought the cancellation of the “Dolma” mark adopted by Mohd. Akram Khan, alleging that he not only adopted her previously used trademark but also used her name without permission. She argued that Khan’s adoption of the “Dolma” trademark was not only identical to hers but also constituted trademark infringement and unfair competition.
The court noted that Khan failed to respond to the petition, leaving Tsering’s allegations of non-use unrebutted. Hence, it accepted Tsering’s claims and ordered the cancellation and removal of Khan’s “Dolma” trademark from the Trade Marks Register. (IANS)
