Below is a complete, publication-ready legal news brief followed by a comprehensive analytical legal article, strictly in the exact format, tone, and structural instructions provided by you, based on the judgment Raman Kwatra v. The Registrar of Trade Marks, decided on 15 June 2026.
Brief Legal News Write-Up
Raman Kwatra v. The Registrar of Trade Marks & Anr.
Date of Judgment: 15.06.2026 : Case No.: IAL-23211-2025 : Neutral Citation: Not Available : Court: High Court of Judicature at Bombay : Hon'ble Judge: Justice Arif S. Doctor
The Court considered a dispute concerning the territorial jurisdiction and forum conveniens for entertaining a rectification petition seeking removal of marks from the list of well-known trade marks under the Trade Marks Act, 1999. The case arose from allegations that the impugned trade marks were wrongly declared as well-known by the Trade Marks Registry, Mumbai, despite pending infringement and passing-off proceedings involving the same marks before the Delhi High Court. The principal question before the Court was whether the Bombay High Court, though having statutory jurisdiction under Section 125 of the Trade Marks Act, ought to decline exercising such jurisdiction on the ground of forum conveniens.
After examining the material on record and the submissions of the parties, Justice Arif S. Doctor observed that while jurisdiction under Section 125 was clearly vested in the High Court exercising appellate jurisdiction over the Trade Marks Registry that made the impugned entry, the Court was not bound to exercise such jurisdiction in all circumstances. The Court held that where substantially overlapping issues concerning the same marks and parties were already pending before another High Court, principles of forum conveniens, avoidance of multiplicity of proceedings, and prevention of conflicting decisions justified declining jurisdiction.
Accordingly, the Court disposed of the petition, granting liberty to the petitioner to initiate appropriate proceedings before the Delhi High Court.
Disclaimer: Readers are advised not treat this as a substitute for legal advise as it is based on limited information and is intended solely for general informational purposes.
Analytical Legal Article
Introduction
The decision in Raman Kwatra v. The Registrar of Trade Marks assumes considerable significance in the evolving jurisprudence governing trade mark rectification proceedings, particularly in relation to well-known trade marks. The judgment addresses a recurring and practical dilemma faced by litigants and practitioners alike: whether statutory jurisdiction alone is sufficient, or whether courts must also consider convenience, overlap of issues, and the risk of conflicting decisions when parallel proceedings are pending before different High Courts. By harmonising the statutory framework of the Trade Marks Act, 1999 with the doctrine of forum conveniens, the Court has delivered a ruling of substantial relevance to brand owners, intellectual property litigators, and registry-related disputes across India.
Factual and Procedural Background
The dispute arose from the declaration of certain trade marks as “well-known” by the Trade Marks Registry at Mumbai. The petitioner challenged the inclusion of these marks in the official list of well-known trade marks, contending that the declaration was erroneous and liable to be rectified and removed under the provisions of the Trade Marks Act, 1999. The declaration of the marks as well-known had not followed a detailed adjudicatory process but was made through publication by the Registry.
At the same time, infringement and passing-off proceedings involving the very same marks and parties were already pending before the Delhi High Court. Both parties carried on business within the territorial jurisdiction of Delhi, and the underlying trade mark registrations had been applied for and granted by the Trade Marks Registry at New Delhi. Subsequently, the well-known trade marks section of the Registry itself was shifted to New Delhi.
The petitioner nonetheless invoked Section 125 of the Trade Marks Act and filed the rectification petition before the Bombay High Court, asserting that jurisdiction was vested there since the impugned declaration had been made by the Mumbai Registry. The respondents raised a preliminary objection, not disputing jurisdiction in the strict statutory sense, but urging the Court to decline entertaining the petition on the ground of forum conveniens.
Dispute Before the Court
The core issue before the Court was whether, despite having jurisdiction under Section 125 of the Trade Marks Act, the Bombay High Court ought to exercise that jurisdiction or decline it in favour of the Delhi High Court. The petitioner argued that rectification proceedings were independent of infringement actions and that the statute deliberately anchored jurisdiction to the Registry that made the impugned entry. It was contended that considerations such as dynamic effect of trade marks or convenience could not override the clear legislative scheme.
On the other hand, the respondents contended that parallel proceedings concerning the same marks and overlapping issues were already pending before the Delhi High Court, creating a real risk of conflicting findings. They argued that courts must adopt a pragmatic approach to prevent multiplicity of proceedings and that the Delhi High Court was the more appropriate forum to comprehensively adjudicate disputes relating to the validity, use, goodwill, and enforceability of the marks.
Reasoning and Analysis of the Court
The Court undertook a detailed examination of Sections 57, 91, 124 and 125 of the Trade Marks Act, 1999, read with the Trade Marks Rules, 2017. It reaffirmed that Section 125 vests jurisdiction in the High Court exercising appellate jurisdiction over the Trade Marks Registry that processed the impugned entry. On this basis, the Court rejected the contention that it lacked jurisdiction to entertain the petition.
However, the Court drew a clear distinction between the existence of jurisdiction and the exercise of jurisdiction. It emphasised that statutory jurisdiction does not mandate its mechanical exercise in all cases, particularly where doing so may lead to conflicting decisions and judicial inefficiency. The Court relied upon earlier decisions, including those addressing rectification proceedings and jurisdictional coherence, to underline that the legislative intent of the Trade Marks Act is to avoid uncertainty and multiplicity of proceedings.
The Court also examined the nature of a declaration of a well-known trade mark and noted that such declarations are essentially administrative or ministerial acts that do not involve a detailed adjudicatory process or a reasoned order. Consequently, the validity of the underlying trade mark registration, along with issues of goodwill, reputation, and use, would inevitably be examined in greater depth in infringement and passing-off proceedings.
Significantly, the Court recognised that even if infringement proceedings were stayed pending rectification, passing-off claims could still proceed, thereby perpetuating the risk of inconsistent findings. The Court further rejected the argument that the Trade Marks Act is a self-contained code that excludes the application of forum conveniens, holding that nothing in the statute prohibits courts from adopting a pragmatic approach to ensure coherent adjudication.
In light of the overlapping issues, the pendency of earlier proceedings in Delhi, the location of parties, and the transfer of the well-known trade marks section to New Delhi, the Court concluded that the Delhi High Court was the more appropriate forum to adjudicate the dispute.
Final Decision of the Court
The Court upheld the preliminary objection based on forum conveniens. While affirming that it possessed jurisdiction under Section 125 of the Trade Marks Act, it declined to exercise such jurisdiction in the facts of the case. The petition was disposed of, and liberty was granted to the petitioner to initiate appropriate proceedings before the Delhi High Court.
Point of Law Settled
The judgment clarifies that although jurisdiction for rectification proceedings under Section 125 of the Trade Marks Act is statutorily vested in a specific High Court, such jurisdiction need not be exercised in every case. Courts may legitimately decline to exercise jurisdiction on the ground of forum conveniens where parallel proceedings involving substantially overlapping issues are pending before another competent High Court. The ruling reinforces the principle that avoidance of conflicting decisions and multiplicity of proceedings is of paramount importance in trade mark litigation, including disputes involving well-known trade marks.
Case Details
Title of the Case: Raman Kwatra Vs. The Registrar of Trade Marks & Anr.
Date of Judgment/Order: 15.06.2026
Case Number: IAL-23211-2025
Neutral Citation: Not Available
Name of Court: High Court of Judicature at Bombay
Name of Hon'ble Judge: Justice Arif S. Doctor
Written By:
Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi
Disclaimer: Images used herein do not reflect actual images used in Judgement and that the same are for illustrative purpose only. Readers are advised not to treat this as substitute for legal advice as it may contain errors in perception, interpretation, and presentation.
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Headnote of the Judgment
Raman Kwatra v. The Registrar of Trade Marks & Anr., Bombay High Court, IAL-23211-2025, decided on 15 June 2026. The petitioner sought rectification and removal of certain marks from the list of well-known trade marks under Section 125 of the Trade Marks Act, 1999. Though the Court held that it possessed jurisdiction as the impugned declaration was made by the Mumbai Registry, it declined to exercise jurisdiction on the ground of forum conveniens, noting that infringement and passing-off proceedings involving the same marks were already pending before the Delhi High Court with overlapping issues. The petition was disposed of with liberty to approach the Delhi High Court.
Infographic Thumbnail Prompt
Create a 3D ultra-realistic legal infographic, 14:10 aspect ratio, depicting a conceptual balance between “Jurisdiction” and “Forum Conveniens” using generic courthouse silhouettes, legal documents, and abstract trade mark symbols. Show two neutral city skylines connected by arrows to represent parallel proceedings, with emphasis on avoiding conflicting decisions. Use professional muted colors like blue, grey, and white. Do not include any court names, government insignia, national symbols, tricolour, or Ashoka Emblem. Use generic legal imagery only.
Use attached image as Image of lawyer in lawyers dress at left bottom corner which should cover 20 % of entire image area.
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