By Tsering Dhundup
DHARAMSHALA, March 18: The High Court of Delhi has ruled to cancel the registration of ‘Dolma Aunty Momos’, a trademark which was registered to Mohd. Akram Khan, a resident of Uttar Pradesh on March 6. This ruling came after Dolma Tsering, the proprietor of a renowned dumpling stall in south Delhi’s Lajpat Nagar sought the cancellation of Khan’s registration because it was based on her name.
Ms. Tsering, popularly known as “Dolma Aunty” told the court that she established a small shop in Lajpat Nagar back in 1994 and was the pioneer retailer of momos, a Tibetan delicacy that has gained popularity across Delhi-NCR. She also noted that she now operates five such establishments.
Seeking the annulment of Mr. Khan’s trademark registration, Ms. Tsering argued that it was unjustly based on her name. In response, the court pointed out the absence of representation from Mr. Khan despite the notice served to him. The court stated on March 6, “Considering that respondent No.1 [Mr Khan] has not appeared or responded to the said petition, allegations of non-use by petitioner stand unrebutted and, therefore, will have to be accepted,” and subsequently ordered the cancellation of Mr Khan’s trademark.
Speaking to Phayul, Dolma Tsering shared her ordeal, stating, “Three years ago we found that a shop in Uttar Pradesh has been using the name of my shop and has registered a trademark with that name. After consulting with lawyers, I went to Uttar Pradesh and found that the shop was already closed. But I had to remove the trademark name ‘Dolma Aunty’s Momos’ registered by the person using my shop name. I registered a case in Saket High Court and I won the case. We found out that 5 shops in Delhi are also using my name, and we have managed to deal with one of them but to others, notices have been sent to change their shop’s name.”
The Trademarks Act of 1999 governs the regime of trademarks and their registration in India. It guarantees protection for trademarks registered with the Controller General of Patents, Designs, and Trademarks, also known as the trademark registry.
According to Section 25 of the 1999 Act, once registered, a trademark is valid for 10 years and can be renewed by the owner periodically. Also, using someone’s registered trademark without their authorisation amounts to its violation or infringement, as can using a substantially similar mark for similar goods or services. There is, however, another way in which trademarks can be infringed upon that relates to the Dolma Aunty case.
