The petitioner challenged an order dated 09.12.2025 of the District Judge dismissing his application to bring on record two trademark registration certificates obtained in 2018 in a passing off suit filed in 2010, but subsequently limited his challenge to seeking permission to tender these certificates through an additional affidavit of PW-1 without converting the suit into one for infringement. The respondent consented to the certificates being taken on record while reserving all rights and contending that the suit remains confined to passing off since the registrations post-dated the filing and issues had already been framed. The High Court, accepting the mutual stand of the parties, allowed the petitioner to file the additional affidavit with the certificates within three days but expressly clarified that no claim of infringement could be raised and the suit would proceed only on passing off, while leaving the respondent's objections on merits open, directing expeditious evidence, and noting consent for a short adjournment on costs.
- Subsequent trademark registration obtained after filing of a passing off suit cannot be used to convert the cause of action or relief to infringement, especially when the plaintiff was in possession of the registration certificates before framing of issues and consciously chose not to amend the plaint (Para 7).
- Limited liberty can be granted to place post-filing trademark registration certificates on record in a passing off suit through additional evidence, subject to the condition that it does not alter the nature of the suit from passing off to infringement (Paras 6-7).
Case Title: Baldev Raj Vs. Brothers Tobacco & Ors. Order Date: 18.12.2025 Case Number: CM(M)-IPD 49/2025 & CM 281/2025, CM 282/2025 Neutral Citation: Not available Name of Court: High Court of Delhi at New Delhi Name of Judge: Hon'ble Ms. Justice Manmeet Pritam Singh Arora
[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]
