Case Title: Legrand France Vs. Bhawani Singh:13.04.2026:C.O. (COMM.IPD-TM) 197/2024:2026:DHC:3519:Hon'ble Judge Jyoti Singh
The Delhi High Court, in a rectification petition under Sections 47 and 57 of the Trade Marks Act, 1999, ordered cancellation of the trademark “MLOGRAND” (Reg. No. 4182910, Class 09), holding it liable for removal on grounds of non-use and deceptive similarity with the well-known mark “LEGRAND”.
The Petitioners, part of the Legrand Group, established longstanding global and Indian use, registration, and reputation in the mark LEGRAND for electrical and allied goods. The Court noted that the impugned mark MLOGRAND was registered on a “proposed to be used” basis and that the Respondent failed to demonstrate any bona fide commercial use since registration in 2019. In the absence of any rebuttal, the plea of non-use was deemed admitted.
On merits, the Court held that MLOGRAND is phonetically, structurally, and visually similar to LEGRAND. The addition of the prefix “M” and substitution of the vowel “E” with “O” were found insufficient to distinguish the marks. The Court emphasized that the dominant element “GRAND” was wholly appropriated, leading to a likelihood of confusion, especially considering identical goods, trade channels, and consumer base.
The Respondent’s conduct, including filing a similar device mark (later abandoned upon opposition), was also viewed as indicative of mala fide intent and trademark trafficking. Accordingly, the Court allowed the petition and directed the Registrar of Trade Marks to remove the impugned mark from the Register within two months, reinforcing the principle of maintaining the purity of the Register.
Disclaimer:Do not treat this as a substitute for legal advice as it may contain subjective errors.
Written By:Advocate Ajay Amitabh Suman
IP Adjutor [Patent and Trademark Attorney]
High Court of Delhi
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