The appeal arose from Ganraj Enterprises’ challenge to the Registrar’s rejection of its rectification petition against trademark registration No. 1566805 for the mark “HP” owned by Landmark Crafts. The Court noted that Landmark was the prior adopter and user of “HP”, supported by undisputed invoices since 2006, whereas Ganraj’s claimed user of “HP+” from 2014 lacked credible proof. The Court held that alleged territorial restriction in the earlier registration could not limit the effect of the later pan-India registration (TM No. 2848372), and issues of alleged false user claim of 1995 or infringement consequences were matters for the pending commercial suit. Holding that Ganraj had locus but no merit on grounds urged, the Court upheld the Registrar’s order and dismissed the appeal.
Law Settled
- Territorial limitations or conditions attached to one registration cannot automatically extend to an associated or later registration unless expressly included. Foodlink F&B Holdings v. Wow Momo Foods, 2023 SCC OnLine Del 4719; applied in Para 11.3.1–11.3.4.
- Filing of an infringement/passing-off suit by the registered proprietor is not a ground to maintain rectification. Para 12(i).
- Prior user right of proprietor established through undisputed invoices (here, from 28.09.2006) prevails over later adoption by the applicant. Para 11.4.3.
- Territorial limitation in TM No. 1566805 does not restrain proprietor from using the mark outside that territory; it only affects the ability to sue for statutory infringement in those territories, not passing off rights. Para 11.6.
- Allegations of false user claim (1995) were left open to be decided in the pending commercial suit and cannot sustain rectification when the appellant itself avoids adjudication on that point. Para 10 & 12(ii).
Ganraj Enterprises Vs Landmark Crafts Pvt. Ltd. : 02 December 2025: C.A. (COMM.IPD-TM) 164/2022:Del HC: Hon’ble Ms. Justice Manmeet Pritam Singh Arora
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