CSJ Infrastructure Pvt Ltd filed rectification petitions under Sections 47 and 57 of the Trade Marks Act, 1999, seeking cancellation of the impugned marks 'Elante Residencies', 'Elante Group', and 'Elante Residencies'/ 'ELANTE' registered in Class 37 by Mr. Akash Kohli, alleging infringement of its prior 'ELANTE' mark adopted in 2010 and used since 2011 for real estate and related services, with registrations in Classes 35 and 36; the petitioner discovered the respondents' use via Elante Residences Ltd (where Kohli is a director) in August 2024, sent a cease-and-desist notice, attempted pre-litigation mediation which failed in May 2025, and proceeded ex-parte as Kohli did not respond or appear. The court reasoned that the petitioner is the prior adopter, user, and registrant, the marks are identical with 'ELANTE' as the dominant feature, services are similar leading to likely confusion and passing off, the adoption was mala fide, and there was no bona fide use by the registered proprietor, violating Sections 11(1)(a), 11(3)(a), 47, and 57 of the Act, while affirming that prior user rights override subsequent registrations. The petitions were allowed, directing the Registrar to remove the impugned marks from the register.
- A prior user's rights will override the rights of a subsequent user even though the latter's mark may be a registered trade mark: Neon Laboratories Ltd. v. Medical Technologies Ltd., (2016) 2 SCC 672 (Para 9).
[Case Title: CSJ Infrastructure Pvt Ltd Vs Mr. Akash Kohli & Anr., Order date: 27.11.2025, Case Number: C.O. (COMM.IPD-TM) 184/2025 & Connected Matters, Neutral Citation: N/A, Name of court: High Court of Delhi at New Delhi, Name of Judge: Hon'ble Mr. Justice Tejas Karia.]
[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]
