Case Title: M/s. Sri Sai Baba Impex v. Venkateswara Food Products
Case Number: Civil Revision Petition No. 1101 of 2026 (with I.A. No. 1 of 2026)
Date of Judgment: 15 April 2026
Court: High Court of Andhra Pradesh at Amaravati
Judge: Hon’ble Ms. Justice B. S. Bhanumathi
Neutral Citation: Not expressly mentioned in the order
Brief Facts & Dispute
The petitioner, M/s. Sri Sai Baba Impex, engaged in manufacturing and selling processed sunflower seeds, claimed prior use and registration of the trademark “RAM-G GOLD” since 2015 (registered in 2022). The respondent allegedly adopted a deceptively similar mark “SRI RAM-G GOLD” for identical goods, leading to claims of trademark infringement and passing off.
The petitioner filed a suit before the District Court seeking injunction. However, the trial court declined to grant an ex parte ad-interim injunction and instead issued notice to the respondent, primarily on the ground that the respondent had also applied for trademark registration.
Aggrieved by the refusal of immediate protection, the petitioner approached the High Court through a revision petition.
Key Issue
Whether the trial court erred in refusing to grant an ex parte ad-interim injunction in a clear case of prima facie trademark infringement and prior user rights.
Court’s Reasoning
The High Court observed:
- The petitioner was the prior user of the mark, and prior user rights prevail even over subsequent registration claims.
- The respondent’s mark was deceptively similar in phonetic, visual, structural, and overall commercial impression, likely to cause confusion among consumers.
- The trial court wrongly assumed that pendency of a trademark application bars grant of interim relief, which is contrary to settled law.
- Established precedents affirm that in cases of clear infringement, injunction should ordinarily follow, especially when a strong prima facie case exists.
- Appellate/revisional courts can interfere where discretion is exercised arbitrarily or based on incorrect legal principles.
Decision
The High Court held that the trial court committed an error in law and granted an ex parte ad-interim injunction restraining the respondent from using the impugned mark for a period of three weeks, enabling the petitioner to seek further relief before the trial court.
Significance
This ruling reiterates that:
- Prior user rights are paramount in trademark law.
- Mere pendency of a trademark application does not defeat injunction claims.
- Courts must grant prompt interim protection in clear infringement cases to prevent irreparable harm.
Disclaimer: Donot 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
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Introduction
The decision of the High Court of Andhra Pradesh in M/s. Sri Sai Baba Impex v. Venkateswara Food Products is a significant reaffirmation of core principles governing trademark infringement and interim relief. The case highlights the importance of prior user rights, the test of deceptive similarity, and the duty of courts to grant timely protection where a prima facie case exists. It also clarifies that mere pendency of a trademark application by a defendant does not dilute the plaintiff’s right to seek immediate injunctive relief. The judgment is particularly relevant for businesses seeking urgent protection of their brand identity in competitive markets.
Factual and Procedural Background
The petitioner, M/s. Sri Sai Baba Impex, had been engaged in the business of manufacturing and selling processed sunflower seeds for several years and had been using the mark “RAM-G GOLD” since an earlier point in time. The mark was formally registered subsequently, and the petitioner had also applied for registration of related marks. Over time, the petitioner built goodwill and market recognition associated with this mark.
The dispute arose when the respondent began using a mark “SRI RAM-G GOLD” for identical goods. According to the petitioner, the respondent’s mark was not only similar but deceptively close in appearance, sound, and overall impression. The petitioner approached the trial court seeking an injunction to restrain the respondent from continuing such use.
However, the trial court declined to grant an immediate ex parte injunction and instead issued notice to the respondent, primarily on the ground that the respondent had also applied for registration of the mark. Feeling aggrieved by the lack of urgent protection, the petitioner approached the High Court through a civil revision petition seeking intervention.
Dispute
The central dispute revolved around whether the respondent’s use of the mark “SRI RAM-G GOLD” amounted to infringement and passing off of the petitioner’s registered and prior-used mark “RAM-G GOLD,” and whether the trial court erred in refusing to grant immediate interim relief.
A connected issue was whether the pendency of a trademark application filed by the respondent could justify denial of an interim injunction, even when the plaintiff had established prior use and a strong prima facie case of infringement.
Reasoning and Analysis of the Judge
The High Court carefully examined the facts and the applicable legal principles. It emphasized that trademark law places significant weight on prior use. The Court relied on the principle laid down in S. Syed Mohideen v. P. Sulochana Bai, Civil Appeal No. 2758 of 2015, decided on 17 March 2015 by the Supreme Court, where it was held that prior user rights prevail over subsequent registration. Applying this principle, the Court found that the petitioner clearly stood ahead in time and had established continuous use of the mark.
The Court also examined the similarity between the competing marks and concluded that the respondent’s mark was deceptively similar. The addition of the prefix “SRI” did not materially distinguish the mark, especially when the dominant portion “RAM-G GOLD” remained identical. The Court noted that an average consumer with imperfect recollection would likely be misled, which is the standard test in such cases.
On the issue of interim injunction, the Court relied upon the Delhi High Court decision in Metro Playing Card Co. v. Wazir Chand Kapoor, AIR 1972 Delhi 248, where it was held that mere acceptance or pendency of a trademark application does not confer enforceable rights and does not negate infringement. This principle was used to reject the trial court’s reasoning.
Further, the Court referred to Ramdev Food Products Pvt. Ltd. v. Arvindbhai Rambhai Patel, AIR 2006 SC 3304, where the Supreme Court clarified that appellate courts can interfere with discretionary orders if such discretion has been exercised arbitrarily or based on incorrect legal principles. The High Court found that the trial court had acted under a misconception of law and failed to properly assess the petitioner’s prima facie case.
The Court also relied on established precedents such as Ruston & Hornsby Ltd. v. Zamindara Engineering Co., AIR 1970 SC 1649, and Midas Hygiene Industries (P) Ltd. v. Sudhir Bhatia, (2004) 3 SCC 90, which emphasize that in clear cases of trademark infringement, injunction should ordinarily follow and delay or technicalities should not defeat such relief.
In addition, the Court took guidance from decisions where higher courts intervened when trial courts failed to grant interim protection despite strong prima facie evidence. The reasoning reflects a consistent judicial approach that emphasizes protection of goodwill and prevention of consumer confusion.
Final Decision of the Court
The High Court held that the trial court had erred in law by refusing to grant an ex parte interim injunction based on an incorrect understanding of the effect of a pending trademark application. Recognizing the petitioner’s prior use and the deceptive similarity between the marks, the Court granted an ex parte ad-interim injunction restraining the respondent from using the impugned mark for a limited period. This interim protection was intended to safeguard the petitioner’s rights until the matter could be properly heard by the trial court.
Point of Law Settled
The judgment reinforces that prior user rights are superior and can override even subsequent registration claims. It also clarifies that the pendency of a trademark application does not create any defence against infringement nor does it bar the grant of interim injunction. Courts are expected to grant prompt relief in cases where a strong prima facie case of trademark infringement is made out, especially where delay could result in irreparable harm and consumer confusion.
Case Details
Title: Sri Sai Baba Impex Vs. Venkateswara Food Products
Date of Order: 15 April 2026
Case Number: Civil Revision Petition No. 1101 of 2026 with I.A. No. 1 of 2026
Neutral Citation: Not specified
Court: High Court of Andhra Pradesh at Amaravati
Judge: Hon’ble Ms. Justice B. S. Bhanumathi
Disclaimer: 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
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Headnote
A prior user of a trademark is entitled to protection against deceptively similar marks even if the defendant has applied for registration. Pendency of a trademark application does not bar grant of interim injunction. Courts must grant timely protection where a strong prima facie case of infringement and likelihood of confusion is established.
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