Dispute Over Non-Use of Trademark 'F1' in Class 36
Epifi Technologies Pvt. Ltd., a fintech startup offering digital banking and money management services under the brand name ‘FI MONEY’, filed a rectification petition under Sections 47 and 57 of the Trade Marks Act, 1999. The petition sought cancellation of the trademark ‘F1’ (No. 1988403 in Class 36) registered by Formula One Licensing BV, on the grounds of non-use and lack of bona fide intention to use.
The petitioner argued that their brand 'FI MONEY', adopted in 2021 and promoted extensively across India, faced hurdles in trademark registration due to opposition by the respondent, who relied on the 'F1' mark registered in 2010 on a 'proposed to be used' basis. The petitioner contended that in over 13 years, the respondent neither used the mark in relation to financial services in India nor obtained required regulatory approvals.
Despite settlement discussions, the respondent did not pursue the matter, failed to appear in court, and withdrew their opposition to Epifi’s trademark. The court held that, due to lack of denial from the respondent and no evidence of use, the ‘F1’ mark stood unused and blocked legitimate trademark registration. Citing precedent and Sections 47(1)(a) and (b) of the Act, the court directed removal of the impugned mark from the Trade Marks Register.
Case title: Epifi Technologies Private Limited Vs Formula One Licensing
Date of order: 15th April, 2025
Case No.: C.O. (COMM.IPD-TM) 20/2024
Neutral Citation: 2025:DHC:2874
Name of Court: High Court of Delhi
Name of Judge: Hon’ble Mr. Justice Amit Bansal
