trademark
SAKTHI vs SHAKTI: Lessons on Trademark Rectification
The Delhi High Court recently issued a landmark ruling in P.C. Duraisamy v. Kewal Krishan Kumar, ordering the removal of the SHAKTI trademark from the Register. The case highlights the limitations of claiming rights over a standalone word based solely on its inclusion in a composite mark. Despite the respondent's clever legal arguments under Sections 17 and 55(2) of the Trade Marks Act, the Court demanded actual evidence of independent use. This decision serves as a vital reminder that paper registrations without genuine, verifiable commercial usage are highly vulnerable to cancellation.