The appellant sought rectification of the respondent’s registered trademark “HP” on grounds of territorial limitation, alleged false user claim, and lack of locus, after facing opposition and infringement action against its later mark “HP+”.
The Registrar rejected rectification, holding the respondent to be the prior user and proprietor with valid registrations, including a subsequent pan-India registration.
The High Court upheld this view, reasoning that territorial restrictions in one registration do not automatically extend to another associated registration, questions of alleged false user since 1995 were sub judice before the Commercial Court, and the appellant, though a “person aggrieved”, failed to substantiate grounds for cancellation since the respondent’s use of “HP” pre-dated the appellant and was otherwise lawful.
The appeal was accordingly dismissed and the Registrar’s order affirmed.
Law Settled
Territorial limitations or disclaimers attached to one trademark registration do not ipso facto apply to another associated or subsequent registration of the same mark; each registration is distinct :paras 11.3.1–11.3.4, relying on Foodlink F & B Holdings India (P) Ltd. v. Wow Momo Foods (P) Ltd., 2023 SCC OnLine Del 4719, para 30).
A rival trader facing opposition or infringement action can qualify as a “person aggrieved” for rectification, but rectification will fail absent proof that the impugned registration is wrongly remaining on the register (paras 11.4.1–11.4.3).
Territorial restriction in a registration limits statutory infringement rights to that territory but does not bar the proprietor’s use elsewhere nor extinguish common law passing-off rights (para 11.6).
Case Title: Ganraj Enterprises Vs. Landmark Crafts Ltd.:02.12.2025:C.A.(COMM.IPD-TM) 164/2022:2025:DHC:10774: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
