Eduspark International Private ... vs Laxmi Publications Private Limited on 10 April, 2023
22. It has been further contended on behalf of the defendant that the
plaintiff has not filed proof of user of the aforesaid trademark in support of
books. Even if that be so, the remedy of the defendant would be to seek
rectification of the mark on the ground of non-user. Reference in this regard
may be made to the judgment of a Coordinate Bench of this Court in
Vintage Distillers Limited v. Ramesh Chand Parekh,
MANU/DE/4587/2022, wherein it was held that a plaintiff, being the
registered proprietor of the mark, had an exclusive right to use the same and
the right to sue for infringement was not dependent on the use of the mark
by such registered proprietor.