Case Title: Bhalla Sports Pvt. Ltd. Vs. Ashutosh Bhalla Vinex Enterprises Pvt. Ltd. & Anr.:Date of Order: July 3, 2025:Case Number: C.O. (COMM.IPD-TM) 327/2022:Neutral Citation: 2025:DHC:5309
Court: High Court of Delhi at New Delhi:Judge: Hon’ble Mr. Justice Saurabh Banerjee
In a rectification petition filed by Bhalla Sports Pvt. Ltd., the Delhi High Court ordered the cancellation of a registered trademark held by Ashutosh Bhalla of Vinex Enterprises Pvt. Ltd. The dispute revolved around the mark “SOFT TOUCH” used for sports goods under Class 28 of the Trade Marks Act, 1999. The petitioner, a manufacturer and seller of sports equipment since 1988, claimed prior use of the “SOFT TOUCH” trademark since August 7, 2001, and registered it on April 17, 2009. Meanwhile, the respondent secured a conflicting trademark registration on March 17, 2009, alleging usage since January 9, 2003.
The matter originally filed before the Intellectual Property Appellate Board was transferred to the High Court following the IPAB’s dissolution. The respondents failed to enter appearance or respond despite due service, leading to an ex parte hearing. The petitioner presented ample evidence, including invoices, brochures, and price lists dating back to 2001, establishing continuous and bona fide use of the mark well before the respondent’s claimed date.
The core dispute involved the respondent’s impugned trademark, which the Court found to be visually, phonetically, and deceptively similar to the petitioner’s mark. The Court observed that as a “prior user,” the petitioner had superior rights over a subsequent registrant under settled principles of trademark law, as affirmed in Neon Laboratories Ltd. v. Medical Technologies Ltd. (2016) 2 SCC 672. Additionally, the respondent’s conduct was deemed to reflect bad faith and an unfair commercial practice.
Discussing the legal position, the Court reiterated that the rights of a prior user override those of a registered proprietor if the latter's claim is subsequent and deceptive. Since the impugned registration contravened Sections 9, 11, 47, and 57 of the Trade Marks Act, the Court found it liable to be removed.
Accordingly, the Court allowed the petition and directed the Registrar of Trade Marks to cancel trademark application no. 1796255 registered in favour of the respondent under Class 28. The judgment reinforces the doctrine of “first in the market” and upholds the sanctity of prior user rights in Indian trademark law.
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