Landmark Crafts Limited Vs. Romil Gupta

Introduction In a significant ruling that balances procedural fairness with practical realities of trademark registration, the Division Bench of the Delhi High Court has upheld the validity of a minor stylistic amendment to a device mark. The case involved a dispute over whether changing the placement of two small letters in a four-letter device mark amounted to a "substantial alteration" that would invalidate the registration. The Court not only affirmed the Single Judge’s decision to restore the trademark but also laid down clear guidance on how such amendments should be viewed under the Trade Marks Act, 1999. This judgment is particularly important for businesses and trademark practitioners because it shows that not every visual tweak to a mark requires restarting the entire registration process.

Factual Background The respondent, Romil Gupta trading as Sohan Lal Gupta, applied for registration of a device mark consisting of the letters S, D, H and P in a specific stylized form for self-tapping metal screws and drilling screws. The application claimed use of the mark since February 2013. During examination, the office raised certain objections. In response, the respondent sought a small correction, asking to adjust the positioning of the letters “S” and “D” from a horizontal to a vertical arrangement while keeping the overall letters, font sizes and general appearance the same. The Registry allowed this correction and the mark was eventually registered.

Later, the appellant, Landmark Crafts Limited, challenged the registration on the ground that the change was substantial and that proper user documents had not been filed for the amended mark. The core dispute was whether this stylistic adjustment was a minor clerical correction or a major change that required fresh examination and fresh proof of use.

Procedural Background After registration, the appellant filed a complaint before the Trade Marks Registry alleging irregularities in the amendment process. Acting on its own motion under Section 57(4) of the Act, the Deputy Registrar issued a notice and, after hearing the parties, cancelled the registration. The respondent appealed to the Single Judge of the Delhi High Court, who set aside the cancellation order on two main grounds: first, that the Deputy Registrar had not followed the mandatory one-month notice period prescribed under the Rules, and second, that on merits the change was not a substantial alteration. Aggrieved by this, the appellant approached the Division Bench through a Letters Patent Appeal. The Division Bench heard detailed arguments from senior counsel on both sides and delivered its judgment on 25 February 2026.

Reasoning and Decision of Court The Division Bench carefully examined both procedural and substantive aspects. On the procedural side, the Court held that the one-month notice requirement under Rule 100(1) is mandatory and cannot be waived even if the affected party does not immediately object. The Court emphasized that when the law prescribes a particular manner of doing something, it must be followed strictly. Since the Deputy Registrar had cancelled the registration without giving the full notice period, the order was liable to be set aside on this ground alone.

On the merits, the Bench agreed with the Single Judge that the change in the mark was not substantial. The Court observed that the four letters remained the same, the relative sizes stayed identical, and only the orientation of the two smaller letters was adjusted. Applying the ordinary meaning of “substantial” as something essential or of real importance, the judges found that this was a minor stylistic correction rather than a complete transformation of the mark. Because the alteration was not substantial, there was no need for the applicant to file a fresh user affidavit. The original claim of use continued to apply to the corrected mark.

The Court also noted that the rectification proceedings filed separately by the appellant remain unaffected, so the appellant’s rights to challenge the user claim or other aspects are fully preserved. In the end, the Division Bench dismissed the appeal and restored the registration, while reiterating that its observations would not influence the pending rectification petition.

Point of Law Settled in the Case This judgment settles two important principles in trademark law. First, the notice period for suo motu rectification by the Registrar is mandatory and its breach renders the order invalid, irrespective of whether prejudice is specifically pleaded. Second, a stylistic or positional change in a device mark that does not alter the essential identity or overall commercial impression of the mark does not amount to a “substantial alteration” under Rule 37. In such cases, no fresh statement of user is required, and the original user claim carries forward. The ruling provides much-needed clarity to applicants and examiners on what kinds of corrections are permissible without triggering a full re-examination, while still protecting the rights of genuine prior users through separate rectification proceedings.

Case Detail Title: Landmark Crafts Limited Vs. Romil Gupta Trading as Sohan Lal Gupta & Anr. Date of Order: 25 February 2026 Case Number: LPA 575/2025 (along with connected CM applications) Neutral Citation: 2026:DHC:1674-DB Name of Court: High Court of Delhi Name of Hon’ble Judges: Hon’ble Mr. Justice C. Hari Shankar & Hon’ble Mr. Justice Om Prakash Shukla

Disclaimer: 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

Suggested Titles for the Article

1. Delhi High Court Holds Minor Stylistic Change in Device Mark is Not Substantial Alteration
2. Landmark Ruling on Trademark Amendments: Clarity on “Substantial Alteration” under Rule 37
3. No Fresh User Affidavit Needed for Minor Correction in Trademark: Delhi HC
4. Procedural Fairness and Trademark Law: Delhi High Court Restores Registration after Cancellation on Technical Grounds

Suitable Tags Trademark Amendment, Substantial Alteration, Rule 37 Trade Marks Rules, Section 57 Rectification, Delhi High Court Judgment, Device Mark, User Affidavit, Trade Marks Act 1999, Letters Patent Appeal, Trademark Registration Procedure

Headnote of the Article In a well-reasoned judgment, the Division Bench of the Delhi High Court has clarified that a small positional change in the letters of a stylized device mark does not constitute “substantial alteration” under Rule 37 of the Trade Marks Rules, 2017. The Court also reiterated the mandatory nature of the one-month notice requirement in suo motu rectification proceedings. The ruling restores the trademark registration while preserving the appellant’s rights in parallel rectification proceedings, striking a practical balance between procedural safeguards and commercial realities.

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The respondent applied for registration of a stylized device mark for self-tapping screws claiming use since 2013. During examination, he sought a small correction in the positioning of two letters in the mark, which the Trade Marks Registry allowed and the mark was registered. The appellant challenged the registration alleging the change was substantial. Acting on its own motion, the Deputy Registrar cancelled the registration. The Single Judge set aside the cancellation order holding that mandatory notice period was not followed and that the change was not substantial. In Letters Patent Appeal, the Division Bench upheld the Single Judge’s decision, restored the registration and dismissed the appeal, while clarifying that the appellant’s separate rectification petition remains unaffected.

Points of Law Settled

• The one-month notice requirement prescribed under Rule 100(1) of the Trade Marks Rules, 2017 for suo motu rectification under Section 57(4) is mandatory; breach of this requirement renders the cancellation order invalid irrespective of prejudice or waiver. (Landmark Crafts Limited v. Romil Gupta Trading as Sohan Lal Gupta & Anr., LPA 575/2025, Paras 42-44)
• A minor stylistic or positional change in a device mark which does not alter its essential identity or overall commercial impression does not amount to “substantial alteration” under the proviso to Rule 37 of the Trade Marks Rules, 2017. (Landmark Crafts Limited v. Romil Gupta Trading as Sohan Lal Gupta & Anr., LPA 575/2025, Paras 50, 62)
• When an amendment to a trademark is not substantial, no fresh statement of user or affidavit is required; the original user claim continues to apply to the corrected mark. (Landmark Crafts Limited v. Romil Gupta Trading as Sohan Lal Gupta & Anr., LPA 575/2025, Paras 57-61)

Case Title: Landmark Crafts Limited v. Romil Gupta Trading as Sohan Lal Gupta & Anr. Order Date: 25 February 2026 Case Number: LPA 575/2025 Neutral Citation: 2026:DHC:1674-DB Name of Court: High Court of Delhi Name of Judges: Hon’ble Mr. Justice C. Hari Shankar & Hon’ble Mr. Justice Om Prakash Shukla

Disclaimer: 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 #IPUpdate #IPCaselaw #IPCaseLaw #IPLaw #IPRNews #IPIndiaupdate #Trademark #Copyright #DesignLaw #PatentLaw #Law #Legal #IndianIPUpdate #AdvocateAjayAmitabhSuman #IPAdjutor

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