BHALLA SPORTS PVT LTD. B-16-17, PARTAPUR INDUSTRIAL ESTATE, DELHI ROAD, MEERUT vs ASHUTOSH BHALLA M/S VINEX ENTERPRISES PVT LTD. C-35, YDYOG PURAM, INUSTRIAL ESTQATE, PARTAPUR, MEERUT

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: July 03, 2025. + C.O. (COMM.IPD-TM) 327/2022 BHALLA SPORTS PVT. LTD. .....Petitioner Through: Ms. Suman Gupta, Adv. Versus ASHUTOSH BHALLA M/S VINEX ENTERPRISES PVT. LTD. & ANR .....Respondents Through: None. CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE JUDGMENT 1. The petitioner, by way of the present rectification petition seeks removal/ cancellation of the trademark registered in the name of the respondent no.1 vide trademark application no.1796255 in Class 28 of the Trade Marks Act, 19991, and its consequent removal from the Register of Trade Marks. 2. The petitioner, Bhalla Sports Pvt. Ltd., is a company incorporated in the year 1988 and is engaged in the business of manufacturing and marketing a wide range of sports goods. The petitioner adopted the trademark ‘SOFT TOUCH’/ in the year 2001 and has since been continuously using the same on its products and packaging. The petitioner applied for registration thereof vide application no.1807977 in Class 28 of the TM Act on 17.04.2009 claiming usage since 07.08.2001. At 1 Hereinafter referred as “TM Act” C.O. (COMM.IPD-TM) 327/2022 Page 1 of 6 Signature Not Verified Digitally Signed By:BABLOO SHAH Signing Date:07.07.2025 14:50:57 present, the petitioner is the registered proprietor of the trademark ‘SOFT TOUCH’/ . Since the petitioner has invested substantial revenue for promotion and advertisement of its trademark ‘SOFT TOUCH’/ , it has acquired a formidable reputation nationally and the petitioner has also earned huge profit therefrom. 3. The respondent no.1 is the Director of M/s. Vinex Enterprises Pvt. Ltd., a company incorporated in the year 2003. The respondent no.2 is the Registrar of Trade Marks. 4. The respondent no.1 also applied for registration of