- Case number
- C.A.(COMM.IPD-TM) 23/2024
- Court
- Delhi High Court
- Date of judgment
- Judge
- Tejas Karia
- Outcome
- Rectification allowed
Headnote
Appeal allowed, an order dismissing an opposition set aside, and the resulting registration expunged. Two points carry beyond the facts. The respondent had earlier been authorised for six months to sell goods under the appellant's mark on e-commerce platforms, which the Court read as implicit acceptance of the appellant's rights. And a mark owner is always entitled to expand its goods and services as a natural consequence of business expansion, so viewed commercially there could be confusion that the competing goods stem from the same trade source. With identical marks and similar goods sharing a consumer base and trade channels, section 11 barred registration.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.