MAYANK JAIN PROPRIETOR OF MAHAVEER UDYOG vs ATULYA DISCS PVT LTD & ORS.

Judgment text excerpt

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 13.04.2026 + FAO(OS) (COMM) 100/2026 CM APPL. 23776/2026 CM APPL. 23777/2026 CM APPL. 23778/2026 CM APPL. 23779/2026 CM APPL. 23780/2026 MAYANK JAIN PROPRIETOR OF MAHAVEER UDYOG .....Appellant Through: Mr. R. P. Yadav, Mr. Riju Mani Talukdar and Mr. Divyanshu Yadav, Advs. versus ATULYA DISCS PVT LTD & ORS. .....Respondents Through: None. CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA MANMEET PRITAM SINGH ARORA, J. (ORAL) 1. The present appeal has been filed against the order dated 09.01.2026 [‘impugned order’] passed by the learned Single Judge of this Court in I.A. 11309/2025 in CS (Comm) No. 412/2025 titled Mayank Jain, Proprietor of Mahaveer Udyog v. M/s Atulya Discs Pvt. Ltd. & Ors. 2. Appellant is a proprietorship firm engaged in the business of manufacturing and trading of agricultural implements more specifically harrows disc. It adopted the mark TIGER GOLD BRAND Signature Not Verified Signed By:MOHIT FAO(OS) (COMM) 100/2026 Page 1 of 16 Signing Date:17.04.2026 18:06 [‘label’] [‘Appellant’s mark’] and has been using it for its goods since 06.05.2010. 2.1. Appellant filed an application for registration of TIGER GOLD BRAND (label) in Class 7 on 01.06.2022, which was registered by the Registrar of Trademarks and the registration certificate was issued on 02.02.2023. In its application, the Appellant claimed user since 06.05.2010, which was accepted. 3. Respondent No. 1 was incorporated on 26.11.2020. It applied for registration of its mark TIGER PREMIUM BRAND (Label) on 09.03.2022 [‘impugned mark’], on a proposed to be used basis which is currently pending registration. 4. Appellant issued a cease-and-desist notice dated 08.10.2024 to the Respondents which