OIPD-17 IN THE HIGH COURT AT CALCUTTA Intellectual Property Rights Division (COMMERCIAL DIVISION) ORIGINAL SIDE IPDATM/133/2023 M/S. POLO / LAUREN COMPANY, L.P. (ORA/73/2007/TM/KOL) VS M/S. LOREN BEAUTIFIERS PVT. LTD. AND ANR. BEFORE: The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 31st October, 2025 Appearance: Mr. Tanmoy Roy, Adv. Ms. Aheriya Roy, Adv. …for the petitioner. The Court: Affidavit of Service filed in Court today be kept with the records. Despite repeated attempts to effect service on the respondents, the respondents remain unrepresented. This is an application for rectification under Sections 47, 57 and 125 of the Trade Marks Act, 1999. Briefly, the petitioner has been using the mark ‘RALPH LAUREN’ in relation to various lifestyle products including apparels, home accessories, fragrances, footwears and other allied/cognate goods. The petitioner is the global owner and proprietor of the said trademark in relation to the above goods and is the prior honest user since 1971. The grievance of the petitioner is directed against a mark adopted by the private respondent being LOREN (label mark). 2 It is contended on behalf of the petitioner that the impugned mark had been registered dishonestly and with ulterior intent. There is every likelihood of confusion and deception. It is quite obvious that the private respondent is trying to ride on the goodwill of the petitioner. It is also submitted on behalf of the petitioner that the impugned registration was granted on 30 May, 2003 and has lapsed or expired on 13 January, 2017. Notwithstanding the statutory period of one year having lapsed, no steps have been taken by the respondent to renew the impugned registration. The petitioner relies on the renewal notice issued by the Registry under Section 25(3) of the Act to contend that despite receipt of the renewal notice, the private respondent has taken no steps for renewal of the above registration. In view of the materials on record and the fact that the validity of the impugned mark has long expired and no steps have been taken for renewal of the registration, it is evident that the private respondent is not interested in the impugned registration. In such circumstances, IPDATM/133/2023 stands allowed. There shall be an order directing removal/rectification/expunging the entry pertaining to the impugned mark ‘LOREN’ bearing registration no.588431 in class 3. To the above extent, IPDATM/133/2023 stands allowed. (RAVI KRISHAN KAPUR, J.) Spal/Arsad