International Business Machines Corporation, known as IBM, a global tech company, acquired the 'TIVOLI' trademark in 1996 from Tivoli Systems Inc. and has used it for decades in IT management software, applying for its registration in India in 2003 under Class 42 for computer services. Tivoli Gardens, a hospitality business using 'TIVOLI' and 'TIVOLI GARDENS' marks since 1994, opposed this application in 2006, claiming prior use. IBM filed a counter-statement in 2011, which the Trade Marks Registry served on Tivoli Gardens in 2019, requiring them to submit evidence within two months or face abandonment of their opposition. Tivoli Gardens failed to do so until 2022, when they filed evidence late along with a petition to excuse the delay, blaming their former lawyer and COVID-19 disruptions. The Registrar allowed this petition in April 2025, reviving the opposition. IBM appealed to the Delhi High Court, arguing the rules set strict, non-extendable deadlines and the Registrar had no power to condone such a long delay. The core dispute was whether the Registrar could overlook the two-month evidence filing deadline under the Trade Marks Rules (either 2002 or 2017 versions, as both are mandatory). The court examined records showing proper service in 2019, ruled that the deadlines are absolute with no discretion for extension, noted Tivoli Gardens' pattern of delays in this and other cases, and held that blaming a lawyer isn't enough excuse without the party's own diligence. The court decided in IBM's favor, setting aside the Registrar's order, deeming the opposition abandoned, and allowing IBM's trademark application to proceed after over 22 years of wait.
International Business Machines Corp Vs Tivoli Gardens & Anr., 28/02/2026, C.A.(COMM.IPD-TM) 45/2025 & IA Nos.19415/2025 & 26937/2025, Not available, High Court of Delhi at New Delhi, Hon'ble Mr. Justice Tejas Karia.
Disclaimer: Do not treat this as substitute for legal advise as it may contain subjective errors. Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi
