Delhi High Court - Orders
Vivek Verma & Ors vs The Registrar Of Trademarks & Anr on 1 December, 2025
$~29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.A.(COMM.IPD-TM) 82/2025
VIVEK VERMA & ORS. .....Appellants
Through: Mr. Anirudh Bakhru, Mr. Prakhar
Sharma and Ms. Piya Uppal,
Advocates.
versus
THE REGISTRAR OF TRADEMARKS & ANR. .....Respondents
Through: Ms. Nidhi Raman, CGSC with Mr.
Om Ram, Mr. Arnav Mittal and Mr.
Mayank Sansanwal, Advocates for
R1.
Mr. Priyanshu Jaiswal, Mr.
Dharmendra Yadav and Mr. Pawan
Garg, Advocates for R2.
CORAM:
HON'BLE MR. JUSTICE TEJAS KARIA
ORDER
% 01.12.2025 I.A. 29849/2025(Exemption)
1. Exemption is allowed, subject to all just exceptions.
2. The Application stands disposed of.
I.A. 29869/2025 (Condonation of Delay)
3. This is an Application filed on behalf of the Appellants under Section 151 of the Code of Civil Procedure, 1908 ("CPC") seeking condonation of delay of 13 days in re-filing the present Appeal.
4. For the reasons stated in the Application, the same is allowed. The delay of 13 days in re-filing the present Appeal is hereby condoned.
5. The Application stands disposed of.
C.A.(COMM.IPD-TM) 82/2025 Page 1 of 7This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/12/2025 at 20:52:41 C.A.(COMM.IPD-TM) 82/2025
6. This is an Appeal filed under Section 91 of the Trade Marks Act, 1999 ("Act") read with Rule 156 of the Trade Marks Rules, 2017, challenging the order dated 08.07.2025 ("Impugned Order") passed by Respondent No. 1 dismissing Opposition No. 840450 ("Opposition") against registration of the Trade Mark, 'PALANG TORE MARD CHOURI PATTI' ("Impugned Mark"), in Class 34 under Trade Mark Application No. 2204559.
7. Issue Notice. The learned Counsel for Respondent No. 1 and Respondent No. 2 accept Notice.
8. Let the Reply be filed within a period of four weeks from date. Rejoinder thereto, if any, may be filed within a period of two weeks thereafter.
9. List before the Court on 16.03.2026.
I.A. 29848/2025(U/O XXXIX Rule 1 and 2 of CPC)
10. This is an Application under Order XXXIX Rules 1 and 2 of the CPC, seeking stay on registration of the Impugned Mark during the pendency of the present Appeal.
11. Issue Notice. The learned Counsel for Respondent No. 1 and Respondent No. 2 accept Notice.
12. The learned Counsel for the Appellant made the following submissions:
12.1. The Appellant's predecessor adopted the Word Mark, 'PALANG TORE MARD' and the Device Mark, C.A.(COMM.IPD-TM) 82/2025 Page 2 of 7 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/12/2025 at 20:52:41 ' ' ("Appellant's Marks") in respect of chewing Tobacco, Gutkha and Chouri Patti and has used the same openly, extensively and continuously since the year 1989. On 27.04.2005, the Appellant's predecessor applied for registration of the Appellant's Mark, ' ' vide Trade Mark Application No. 1353523 in Class 34 under the provisions of the Act with user claim since 1989 and which is registered, valid and renewed up to 27.04.2035. The Appellant is presently the proprietor of the Appellant's Marks as per the records of Respondent No. 1. The details of registration of the Appellant's Marks are as under:
C.A.(COMM.IPD-TM) 82/2025 Page 3 of 7This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/12/2025 at 20:52:41 S. No Trade Mark Trade Date of Status Mark No. Application
1. 1353523 27.04.2005 Registered and Valid upto 27.04.2035 (Presently under Rectification No. 272771 filed by Respondent No.
2)
2. PALANG TORE MARD 3099422 18.11.2015 Pending in Opposition No. 1009041 filed by Respondent No. 2 12.2. Respondent No. 2, filed the Application for the registration of the Impugned Mark on 13.09.2011 on a proposed to be used basis in Class 34, i.e., the same Class in which the Appellant is operating. The Appellant's predecessor filed the Opposition against the registration of the Impugned Mark on 18.11.2015. On 11.07.2024, after completion of pleadings, the order was reserved in the Opposition proceedings and the Impugned Order has been passed after a delay of one year on C.A.(COMM.IPD-TM) 82/2025 Page 4 of 7 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/12/2025 at 20:52:41 08.07.2025.
12.3. Considering that the Impugned Mark and the Appellant's Marks are identical, the goods being sold under the rival Marks are identical in nature and the purchaser of the goods under the rival Marks belongs to the illiterate sections of the society, the likelihood of deception and confusion in the market is inevitable.
12.4. While the pronouncement of the judgment in the Opposition was pending, Respondent No. 2 filed Trade Mark Application No. 6874180 for registration of the Device Mark, ' '.
12.5. The Trade Mark Application No. 5144202 which was filed by a third-party for registration of the Mark, 'PALANGTORE MARD CHAURI PATTI' was refused on the ground that it is deceptively similar to the Appellant's Marks, however, the Opposition filed by the Appellant on the ground that the Impugned Mark is identical to the Appellant's Marks has been dismissed by Respondent No. 1 and accordingly, allowed the registration of the Impugned Mark. Therefore, Respondent No. 1 has made contrary decisions with respect to similar Marks applied for by Respondent No. 2 and, therefore, the Impugned Order cannot sustain.
13. In view of the above, the learned Counsel for the Appellant submitted C.A.(COMM.IPD-TM) 82/2025 Page 5 of 7 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/12/2025 at 20:52:41 that the Impugned Order is liable to be set aside and if stay is not granted, it would cause irreparable loss to the Appellant.
14. Respondent No. 1, in the Impugned Order has held that when the Appellant's Marks and the Impugned Mark compared as a whole, are visually, phonetically and conceptually different. It is further observed that the prominent feature of the Appellant's Marks is 'MARD CHOURI PATTI' and as no one can have exclusive rights over the use of 'CHOURI PATTI', thereby the only common feature remaining is 'MARD'. The addition of 'PALANG TORE' in the Impugned Mark conveys a unique and vivid imagery, further the prefix gives the Impugned Mark a distinct conceptual identity making it more memorable and differentiated.
15. However, while passing the Impugned Order, Respondent No. 1 has failed to appreciate that Respondent No. 1, had refused the registration of the Mark, 'PALANGTORE MARD CHAURI PATTI' under Trade Mark Application No. 5144202 filed by a third-party, on the ground that it is deceptively similar to the Appellant's Marks. Accordingly, Respondent No. 1 has taken contrary views and arrived at inconsistent findings with respect to identically similar Marks.
16. Comparing the rival Marks, the Impugned Mark is identical and / or deceptively similar to the Appellant's Marks as there is a high degree of resemblance between them. It is likely that a consumer of average intelligence will believe that there exists some relation / connection inter se the Appellant and Respondent No. 2, when there is none. A close comparison of the rival Marks leads to the prima facie view that there are hardly any visible differences and / or change noticeable to the naked eye of an average person with imperfect recollection. The purchaser of the goods C.A.(COMM.IPD-TM) 82/2025 Page 6 of 7 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/12/2025 at 20:52:41 under the rival Marks belongs to the illiterate sections of the society. Hence, the likelihood of deception and confusion in the market is inevitable.
17. Considering the grounds of the Appeal and the submissions made on behalf of the Appellant, a prima facie case has been made out for grant of stay of the Impugned Order as the Impugned Mark, 'PALANG TORE MARD CHOURI PATTI', is identical and / or deceptively similar to the Appellant's Marks, 'PALANG TORE MARD' and ' '.
18. Accordingly, till the next date of hearing, the operation of the Impugned Order dated 08.07.2025 passed by Respondent No. 1 as well as the effect of the registration of the Impugned Mark, 'PALANG TORE MARD CHOURI PATTI' in Class 34 under Trade Mark Application No. 2204559 is hereby stayed.
19. Let the Reply to the present Application be filed within four weeks from date. Rejoinder thereto, if any, may be filed within two weeks thereafter.
20. List before this Court on 16.03.2026.
TEJAS KARIA, J DECEMBER 1, 2025/sms C.A.(COMM.IPD-TM) 82/2025 Page 7 of 7 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/12/2025 at 20:52:41