SHUBHAM GOLDIEE MASALE PVT LTD vs JAI SHIV OIL INDUSTRIES AND ANR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 24.02.2026 Judgment delivered on: 08.04.2026 + C.O. (COMM.IPD-TM) 392/2021 + C.O. (COMM.IPD-TM) 393/2021 SHUBHAM GOLDIEE MASALE PVT. LTD .....Petitioner versus JAI SHIV OIL INDUSTRIES AND ANR. .....Respondents Advocates who appeared in this case: For the Petitioner : Mr. Ajay Amitabh Suman and Ms. Deasha Mehta, Advocates For the Respondents : Mr. Nishant Gautam, CGSC with Mr. Vineet Negi, Ms. Kavya Shukla, Mr. Naman Sharma and Ms. Theresa, Advocates. CORAM: HON'BLE MR. JUSTICE TUSHAR RAO GEDELA JUDGMENT TUSHAR RAO GEDELA, J. 1. The present petitions have been filed under Sections 47, 57 and 125 of the Trade Marks Act, 1999 (hereinafter referred to as “the Act”) by the petitioner seeking, inter alia, the following prayers:- In so far as CO(COMM.IPD-TM) 392/2021 is concerned, the prayers are as under: “In view of the abovementioned facts/ statement of case and the abovementioned grounds for revocation/ cancellation/ rectification, it is most respectfully prayed that this Hon‟ble Board may kindly be pleased to: Signature Not Verified Digitally Signed By:YASHRAJ CO(COMM.IPD-TM) 392/2021 & connected matter Signing Date:09.04.2026 Page 1 of 25 14:34:56 (i) remove/ cancel/ expunge/ rectify the entry pertaining to impugned Trade Mark “GOLDI (LABEL)” registered under no.945240 in class 29. (ii) Stay the effect and operation of the entry pertaining to impugned Trade Mark “GOLDI(LABEL)” registered under no.945240 in class 29 during the pendency of the present proceedings. Any other relief(s) which is fit and proper in the facts and circumstances including an order for costs of the proceeding to petitioners.” In so far as CO(COMM.IPD-TM) 393/2021 is concerned, the prayers are as under: “In view of the abovementioned