Kerala High Court Dismissed Plea To Cancel ‘India Gate’ Trademark, Cited Lack Of Jurisdiction

The Kerala High Court dismissed a plea filed under Section 57 of the Trade Marks Act 1999 seeking cancellation of the registered trademark “India Gate” owned by KRBL Limited.

The Court held that it lacked territorial jurisdiction to entertain the petition, since the mark was registered with the Delhi Trade Marks Registry, and clarified that only the High Court exercising authority over the place of registration could hear such matters.

The Bench also noted that the petition was premature, as no finding regarding the validity of the trademark had yet been made by the Delhi Court where the dispute was pending.

[M/s KRBL Limited v Union of India & Ors]