Karan Rathore, assignee of the registered trademark 'JBR' (device mark) in Class 12 for motor parts since 2010 with claimed use from 2000 via predecessor Jagdish Joshi who assigned it in May 2023.
Opposed Respondent No. 2's application No. 5854000 for 'JBR' (word mark) in Class 12 for car/bike/vehicle covers claiming use from July 2020, advertised in May 2023; opposition filed in May 2023, countered in July 2023, evidences exchanged, hearing in March 2024 led to Registrar dismissing opposition on March 14, 2024 holding goods dissimilar and Appellant not prior user for covers, issuing certificate; Appellant appealed under S.91.
Respondent No. 2, Appellant's cousin, had obtained authorization in July 2020 for six months to sell covers under 'JBR' on e-commerce, admitting Appellant's rights.
Court reasoned that marks are identical in essential feature 'JBR', goods similar as automotive accessories with same consumers, trade channels, and potential confusion per factors in FDC Limited (nature, use, users, channels, competition); authorization implies similarity acknowledgment; no monopoly over class but similarity triggers S.11 prohibition.
Appeal allowed, impugned order set aside, registration removed under S.57.
Law Point:
Factors for determining similarity of goods/services include nature and composition, uses, users, physical nature, trade channels, competition, and complementarity: (Para 17-18).
It is well-established in law that an owner of a Mark is always entitled to expand its goods and services, as a natural consequence in expansion of its business. (Para 20)
Registration liable to refusal under S.11 if identical/similar marks for similar goods likely to cause confusion: Trade Marks Act, 1999, S.11 (Para 21).
Case Title: Karan Rathore Vs Registrar of Trade Marks:17.01.2026:C.A.(COMM.IPD-TM) 23/2024:2026:DHC:422: Hon'ble Mr. Justice Tejas Karia
[Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation]
[Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi]
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