Delhi High Court Cancels Man's 'Dolma' Trademark In Plea By 'Dolma Aunty Momos'

The Delhi High Court has cancelled “Dolma” trademark adopted by an individual after the famous “Dolma Aunty Momos” filed a plea against its use.

Justice Anish Dayal directed that the impugned trademark be cancelled and removed from the Trade Marks Register.

The rectification petition was filed by Dolma Tsering, the lady who started selling momos in the national capital in 1994 and is now famous as Dolma Aunty Momos. The plea sought cancellation of “Dolma” mark adopted by one Mohd. Akram Khan.

The plea stated that Tsering opened her first momo stall in city's Lajpat Nagar and became popular since then. She alleged that Khan not only adopted her prior used trademark, his trademark “Dolma”, was even identical to hers and used her name. 

She claimed cancellation of the impugned mark on the ground of Sections 11(1), 11(2), 11(3)(a) and 47 of the Trade Marks Act, 1999.

Considering that Khan failed to respond to the petition, the court observed that allegations of non-use by Tsering stood unrebutted and, therefore, would have to be accepted.

“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

Citation: 2024 LiveLaw (Del) 310

Click Here To Read Order