The Delhi High Court has invalidated the trademark "Dolma" which was acquired by an individual, following a legal challenge initiated by the renowned "Dolma Aunty Momos."

Dolma Tsering, widely known as Dolma Aunty Momos since she began selling momos in the national capital in 1994, filed a rectification petition. This petition aimed to invalidate the "Dolma" mark obtained by Mohd. Akram Khan.

The plea asserted that Tsering established her initial momo stall in Lajpat Nagar in the city and garnered significant popularity thereafter. She alleged that Khan not only appropriated her pre-existing trademark but also utilized her name directly, as his trademark "Dolma" was identical to hers.

Claiming cancellation of the contested mark under Sections 11(1), 11(2), 11(3)(a), and 47 of the Trade Marks Act, 1999, she highlighted Khan's failure to address the petition. Consequently, the court noted that Tsering's assertions regarding non-use remained unchallenged and thus had to be acknowledged.

“In view of the above facts and circumstances and having perused the documents placed on record as well as hearing submissions of counsel for petitioner, this Court is of the view that the trademark of respondent No.1 be cancelled and removed from the Trade Marks Register same should accordingly be rectified. It is directed accordingly,” the court ordered.

Tsering was represented by Kred Jure—with Mr. Ankur Mahindro as its Partner and Senior Associates, Mr. Aditya Kapur, Mr. Rohan Taneja, Mr. Soumil Gonsalves, Mr. Ankush Satija, and Mr. Mohit Dagar, Advocates

Title: DOLMA TSERING v. MOHD. AKRAM KHAN AND ANR

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