Aravind Laboratories Vs Manoj Agrawal

Introduction:

The enforcement of trademark rights requires a delicate balance between protecting a brand owner's goodwill and preventing the improper monopolization of generic terms. In intellectual property law, registering a combined trademark does not automatically grant exclusive rights over every individual word forming part of that mark. This principle is particularly vital when a registered mark consists of a distinctive prefix paired with a common or generic term. The judgment addresses this core issue in the context of trademark cancellation proceedings, emphasizing that statutory protection extends to the mark as a whole rather than its non-distinctive components.

Factual and Procedural Background:

The petitioner, Aravind Laboratories, is a registered proprietor of various trademarks incorporating the prefix EYETEX. Among these, the petitioner registered the word mark EYETEX DIVYA under Registration Number 527085 in Class 3 on March 29, 1990, claiming user rights dating back to October 1, 1989. This mark is utilized primarily for liquid kumkum, kumkum paste, powder, and sticker forms. The overall turnover of the petitioner reached 275.67 crores for the year 2022-23, with promotional expenses of 25.55 crores across its product range.

Respondent Number 1, Manoj Agrawal, obtained registration for a device mark incorporating the word DIVYAM under Registration Number 4615334 in Class 3. The device mark features the word DIVYAM written in a stylized manner with the letter I shaped like a flame, accompanied by the footnote Your Complete Divinity Store. The registered description of goods encompasses items used for rituals, including dhoop batti, agarbatti, havan samagri, poojan samagri, turmeric, kumkum, pooja oil, pooja ghee, ganga jal, chandan, and vibhooti.

The petitioner filed a commercial miscellaneous petition seeking rectification and cancellation of the respondent's mark under Sections 47 and 57 of the Trade Marks Act, 1999. Service of notice on Respondent Number 1 was completed through substituted service as permitted by an order dated November 13, 2025, supported by a service affidavit dated December 4, 2025. Due to the non-appearance of Respondent Number 1, the matter proceeded ex parte.

Dispute Before the Court:

The primary legal dispute centered on whether the proprietor of a registered composite mark, EYETEX DIVYA, could claim exclusive rights over the word DIVYA or its derivatives like DIVYAM to cancel a subsequent registered device mark.

The petitioner argued that the respondent's mark DIVYAM was devoid of distinctive character under Section 9(1)(a) and likely to cause deception or public confusion under Section 9(2)(a) of the Trade Marks Act, 1999. The petitioner further asserted that the mark was identical or deceptively similar under Section 11(1)(a), registered in bad faith under Section 11(10)(ii), and liable to be restrained under the law of passing off pursuant to Section 11(3)(a). Additionally, the petitioner claimed non-use of the mark under Section 47 and alleged serious injury under Section 57. The core contention was that consumers might mistakenly believe the respondent's ritual products were an extension of the petitioner's established brand.

Respondent Number 1 did not appear to contest the proceedings. The Court was required to evaluate the statutory merit of the cancellation request based on the material presented by the petitioner.

Reasoning and Analysis of the Court:

The Court engaged in a statutory analysis of Section 17 of the Trade Marks Act, 1999, which governs the effect of registration of parts of a mark. Under Section 17(1), registration confers exclusive rights to the use of the trademark taken as a whole. Section 17(2) explicitly provides that where a mark contains a part that is not separately registered, or contains matter common to the trade or of non-distinctive character, registration does not confer an exclusive right in that specific part.

The Court observed that all of the petitioner's registered marks rely on the prefix EYETEX to provide distinctiveness. The word DIVYA was never registered independently as a standalone mark by the petitioner. The Court reasoned that DIVYA and its variant DIVYAM are generic terms originating from Sanskrit meaning divine, naturally associated with devotional and ritual goods. Allowing the petitioner to monopolize DIVYA or DIVYAM based on its registration of EYETEX DIVYA would improperly grant exclusive rights over generic and descriptive words.

Evaluating absolute grounds under Section 9, the Court held that the respondent's mark is a stylized device mark containing distinctive visual elements, including a flame design and a specific descriptive footnote. Consequently, it could not be held devoid of distinctive character under Section 9(1)(a). Furthermore, no likelihood of public confusion or deception existed under Section 9(2)(a) or Section 11(1)(a), as the petitioner operates in the cosmetics field while the respondent registered goods for pooja rituals. Visually, phonetically, and structurally, the two marks remain distinct.

Regarding passing off and bad faith under Section 11(3)(a) and Section 11(10)(ii), the Court found no evidence that the respondent adopted the mark to trade upon the petitioner's goodwill. Because the petitioner possessed no monopoly over the word DIVYA, it could not qualify as an aggrieved person entitled to invoke rectification under Section 47 or Section 57.

The Court placed reliance on the Supreme Court ruling in Nandhini Deluxe v. Karnataka Coop. Milk Producers Federation Ltd., (2018) 9 SCC 183, which established that generic or mythological terms used in stylized logos alongside additional words do not cause deceptive similarity when viewed in totality. The Court also referenced an earlier decision involving the petitioner, M/s Aravind Laboratories v. Modicare, 2011 SCC OnLine Mad 847, where the Madras High Court rejected an infringement claim regarding the word DAZZLER because the registered mark was EYETEX DAZZLER as a whole, confirming that un-registered individual components receive no anti-dissective exclusivity.

Final Decision of the Court:

The High Court dismissed Commercial Miscellaneous Petition (L) No. 17853 of 2025. The Court concluded that the petitioner failed to establish valid legal grounds for rectification or cancellation of Respondent Number 1's registered device mark DIVYAM under Sections 47, 57, 9, or 11 of the Trade Marks Act, 1999. No order as to costs was passed against the non-appearing respondent.

Point of Law Settled:

This judgment reaffirms the statutory mandate of Section 17 of the Trade Marks Act, 1999, establishing that registration of a composite trademark confers exclusive rights only over the mark as a whole. A brand owner cannot claim a monopoly over a generic, descriptive, or un-registered constituent word merely because it forms part of a registered compound mark with a distinctive prefix. Furthermore, to qualify as an aggrieved person for rectification under Sections 47 and 57, the applicant must demonstrate a legitimate legal injury rather than an untenable claim to exclusive rights over generic terms.

Title of the Case: Aravind Laboratories Vs Manoj Agrawal and Anr.

Date of Judgment: July 16, 2026

Case Number: Commercial Miscellaneous Petition (L) No. 17853 of 2025

Neutral Citation: 2026:BHC-OS:17853

Name of Court: High Court of Judicature at Bombay (Ordinary Original Civil Jurisdiction in its Commercial Division)

Name of Hon'ble Judge: Hon'ble Mr. Justice Somasekhar Sundaresan

Written By:Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi

Disclaimer: Readers are advised not to treat this as a substitute for legal advice as it may contain errors in perception, interpretation, and presentation .

Headnote of the Judgment:

In Aravind Laboratories v. Manoj Agrawal and Anr. (Commercial Miscellaneous Petition (L) No. 17853 of 2025, decided on July 16, 2026), the High Court of Bombay considered a rectification petition under Sections 47 and 57 of the Trade Marks Act, 1999. The petitioner, owner of EYETEX DIVYA, sought cancellation of respondent's registered device mark DIVYAM. The court held that under Section 17, registration of a composite mark confers exclusive rights only over the mark as a whole. The petitioner could not claim a monopoly over generic variants like DIVYA or DIVYAM. Finding no deceptive similarity or public confusion, the High Court dismissed the petition.

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In this matter, the Title of the Case is Aravind Laboratories v. Manoj Agrawal and Anr.; the Date of Judgment is July 16, 2026; the Case Number is Commercial Miscellaneous Petition (L) No. 17853 of 2025; the Neutral Citation is 2026:BHC-OS:17853; the Name of Court is High Court of Judicature at Bombay; and the Name of Hon'ble Judge is Hon'ble Mr. Justice Somasekhar Sundaresan.