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As per case facts, the petitioner, Mr. Ranjitkumar Saklchand Jain, claimed prior use of the trademark "SANGHVI" for Roti Makers since 1996 and obtained registration in 2005. The respondents, Mr.
...Pratapchand (Deceased) and others, also secured registration for the same trademark for Roti Makers, claiming prior use since 1967. Upon discovering the respondents' registration in 2017, the petitioner sought rectification and removal of their trademark from the register. The question arose whether the respondents were prior users of the trademark, the validity of their trademark registration, and if the petitioner was entitled to rectification, or if the respondents were entitled to protection under Section 34 of the Trade Marks Act, 1999. Finally, the High Court found that the petitioner failed to prove prior use before 2005, whereas the respondents established clear and continuous prior use from at least 2000. Citing significant delay, laches, and acquiescence on the petitioner's part, and the validity of the respondents' registration, the Court dismissed the rectification petition.
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