Mayank Jain proprietor of Mahaveer Udyog established in 1997 manufacturing agricultural implements like harrows adopted TIGER GOLD BRAND device mark in May 2010 registering it on 02 February 2023 claiming continuous use goodwill reputation with annual revenue around ₹40 crores and mark-specific ₹2 crores discovering in October 2024 defendants Atulya Discs Pvt Ltd incorporated 2020 using TIGER PREMIUM BRAND for identical goods via online platforms prompting suit CS(COMM) 412/2025 with IA 11309/2025 under Order XXXIX Rules 1&2 CPC seeking interim injunction for trademark infringement copyright violation passing off after failed mediation notice on 28 August 2025 arguments on 12 November 2025. The court reasoned that TIGER and BRAND are generic common to trade publici juris non-distinctive under Section 9(1)(a) Trade Marks Act 1999 incapable of monopoly with registration under Section 17 conferring rights only to composite mark as whole not words and rival marks not deceptively similar holistically per anti-dissection rule considering visual phonetic structural differences like PREMIUM vs GOLD hexagonal vs circular frame distinct tiger devices color schemes no likelihood of confusion among farmers thus no infringement passing off or prima facie case. The application was dismissed.
- Generic words like 'TIGER' and 'BRAND' are common to trade, publici juris, and non-distinctive under Section 9(1)(a) of Trade Marks Act 1999, precluding monopoly or exclusive rights: Para 8.
- Registration of composite device mark grants exclusive rights only to the mark as a whole, not individual non-distinctive components like words, under Section 17 of Trade Marks Act 1999: Pernod Ricard India Pvt Ltd v. Union of India, 2025 SCC OnLine SC 1701, Para 10.
- Deceptive similarity for infringement assessed by comparing marks holistically without dissection, focusing on overall visual, phonetic, and structural impression to determine likelihood of confusion: Pernod Ricard India Pvt Ltd v. Union of India, 2025 SCC OnLine SC 1701, Para 9; Kaviraj Pandit Durga Dutt Sharma v. Navaratna Pharmaceutical Laboratories, AIR 1965 SC 980, Para 13.
Mayank Jain, Proprietor of Mahaveer Udyog Vs M/s Atulya Discs Pvt. Ltd. & Ors, Order date: 09 January 2026, Case Number: CS(COMM) 412/2025, Neutral Citation: N/A, Name of court: High Court of Delhi at New Delhi, Name of Judge: Hon'ble Mr. Justice Tejas Karia.
[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]
