Executive Summary
The Calcutta High Court allowed ITC Limited's application for rectification against the trademark 'NEEMYLE'. The court found that the registration was obtained wrongfully because the Registrar failed to conduct a proper and adequate search of earlier, similar marks. Given the prior extensive use and established goodwill of ITC's mark 'NIMYLE', the continuance of the impugned mark was deemed contrary to public interest, leading to its cancellation.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in trademark matters before Calcutta High Court. Understanding the court's reasoning in ITC Limited vs Khayrul Bashar And Anr. is valuable context for structuring arguments or assessing risk in similar proceedings.
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