Case Title: Bhalla Sports Pvt. Ltd. Vs. Ashutosh Bhalla & Anr Date of Order: July 3, 2025 Case Number: C.O. (COMM.IPD-TM) 327/2022 Neutral Citation: 2025:DHC:5309 Name of Court: High Court of Delhi at New Delhi Name of Judge: Hon'ble Mr. Justice Saurabh Banerjee
Bhalla Sports Pvt. Ltd., a company incorporated in 1988, engaged in manufacturing and marketing sports goods, adopted the trademark 'SOFT TOUCH' in 2001 and applied for its registration in 2009, claiming usage since August 7, 2001. The company invested significantly in promoting the trademark, earning substantial profits and a strong reputation.
The respondent, Ashutosh Bhalla, Director of Vinex Enterprises Pvt. Ltd., incorporated in 2003, registered the trademark 'SOFT-TOUCH' in 2009, claiming usage from January 9, 2003. Bhalla Sports filed a rectification petition to cancel the respondent's trademark, initially before the Intellectual Property Appellate Board, which was transferred to the Delhi High Court after the Board's abolition.
The respondents, despite being served, did not appear or file replies, leading to their right to respond being closed, and they were proceeded ex parte. The petitioner argued prior use of 'SOFT TOUCH' since 2001, alleging the respondent's registration was fraudulent and in bad faith, as it was aware of the petitioner's prior market presence.
The petitioner claimed the respondent's mark was identical or deceptively similar, violating Sections 9, 11, 47, and 57 of the Trade Marks Act, 1999. The court found the petitioner's claims unopposed, supported by documents like invoices and brochures proving prior use.
The court held that the petitioner's prior use granted superior rights over the respondent's later registration, citing precedent from Neon Laboratories Ltd. v. Medical Technologies Ltd. The respondent's non-appearance suggested bad faith, constituting unfair practice.
The court allowed the petition, directing the Registrar of Trade Marks to cancel the respondent's 'SOFT-TOUCH' trademark (application no. 1796255, Class 28) and remove it from the Register. The petition was disposed of, with an order for the Registrar to comply.
Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi
Disclaimer: This information report is intended for informational purposes only and does not constitute legal advice.
