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MANMEET PRITAM SINGH ARORA, J:

1. C.O. (COMM.IPD-TM) No. 448 of 2022 has been filed by S.S. White Burs Inc. ['Petitioner'] seeking cancellation/rectification of of Trade Mark Registration No. 2147676 in Class 5 and Class 10 for the mark 'S.S. WHITE', standing in the name of S.S. White Dental Private Limited ['Respondent']. C.O. (COMM.IPD-TM) No. 299 of 2023 has, in turn, been filed by the Respondent seeking cancellation/rectification of the Petitioner's Trade Mark Registration No. 609897 in Class 10 for the mark 'S.S. WHITE BURS INC'.
2. There are currently four cases pending between the parties, first the parties filed cross suits against each other i.e., CS(COMM) 26/2015 and CS (COMM)265/2016 and thereafter the present cross rectification petitions i.e., C.O.(COMM.IPD-TM) No. 448 of 2022 and C.O. (COMM.IPD-TM) No. 299 of 2023. Vide order dated 28.10.2025 judgement was reserved in the present cross rectification petitions.

3. Learned counsel for the parties have addressed arguments in both petitions conjointly. Accordingly, for the purpose of the present judgment and ease of reference, C.O.(COMM.IPD-TM) No. 448 of 2022is being treated as the lead petition.

4. This Court shall first adjudicate the rights of the rival parties in the lead petition, as the determination therein would have a direct and decisive bearing on C.O.(COMM.IPD-TM) No. 299 of 2023. In the event, the Petitioner succeeds in the lead petition, the counter-rectification petition filed by the Respondent i.e., C.O.(COMM.IPD-TM) 299 of 2023 would not survive for consideration and shall, accordingly, be liable to be dismissed.

87. Accordingly, the Respondent's impugned registration bearing TM No. 2147676 in Classes 5 and 10 is liable to be set aside and removed from the register. Consequently, the rectification petition being C.O. (COMM.IPD- TM) 448/2022 is allowed.

C.O. (COMM.IPD-TM) 299/2023

88. This petition has been filed by S.S. White Dental Private Limited against the S.S. White Burs Inc. For the sake of continuity, S.S. White Dental Private Limited is referred to as Respondent, and S.S. White Burs Inc. is referred to as Petitioner.