Delhi High Court Upholds Prior User Rights in Trademark Dispute

Court Orders Removal of Malafide Registered Marks from Trade Marks Register

In a significant judgment dated November 27, 2025, the Delhi High Court ruled in favor of CSJ Infrastructure Pvt Ltd. in a trademark dispute against Mr. Akash Kohli. The court ordered the removal of the trademarks "Elante Residencies," "Elante Group," and "Elante Residencies" with logo from the Trade Marks Register, which were registered by the respondent. The judgment, delivered by Justice Tejas Karia, emphasized the precedence of prior user rights over subsequent registrations, even if the latter are registered trademarks.

The petitioner, CSJ Infrastructure Pvt Ltd., filed rectification petitions under Sections 47 and 57 of the Trade Marks Act, 1999, seeking to cancel the impugned marks registered in Class 37. The petitioner argued that it had been using the mark "ELANTE" since 2011 for real estate services, thereby acquiring significant goodwill and reputation. The court noted that the respondent's marks were registered in 2019 and 2020, much later than the petitioner's adoption and continuous use of the mark.

In the absence of any reply or appearance from the respondent, the court deemed the petitioner's claims uncontroverted. The judgment highlighted that the respondent's registration of identical marks for similar services indicated malafide intent, warranting rectification. The court directed the Registrar of Trade Marks, Delhi, to remove the impugned marks from the register, reinforcing the legal principle that prior user rights override subsequent registrations.

Bottom Line:

Trade Marks Act, 1999 - Prior user rights override rights of subsequent user even if the latter's mark is registered. Marks registered with mala fide intent, identical to prior user's mark, and used for similar services are liable to be removed from the Register of Trade Marks.

Statutory provision(s): Sections 47, 57 of the Trade Marks Act, 1999

CSJ Infrastructure Pvt Ltd. v. Mr. Akash Kohli, (Delhi) : Law Finder Doc Id # 2821391