INTERNATIONAL BUSINESS MACHINES CORPORATION vs TIVOLI GARDENS & ANR.

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 28/02/2026 C.A.(COMM.IPD-TM) 45/2025 & IA Nos.19415/2025 & 26937/2025 INTERNATIONAL BUSINESS MACHINES CORPORATION .....Appellant Versus TIVOLI GARDENS & ANR. .....Respondents Advocates who appeared in this case For the Appellant : Mr. Peeyoosh Kalra, Mr. C.A. Brijesh & Ms. Simranjot Kaur, Advocates. For the Respondents : Mr. Rishi Bansal & Mr. Indraneil Choudhary, Advocates for R-1. Ms. Nidhi Raman, Mr. Om Ram & Mr. Arnav Mittal, Advocates for R-2. CORAM: HON'BLE MR. JUSTICE TEJAS KARIA JUDGMENT TEJAS KARIA, J 1. The present Appeal has been filed under Section 91 of the Trade Marks Act, 1999 (“Act”) assailing the order dated 23.04.2025 (“Impugned Order”) passed by the learned Assistant Registrar of Trade Marks, New Delhi. 2. The Appellant is a cloud platform and cognitive solutions company operating in over 170 countries. It is claimed in the present Appeal that the Mark ‘TIVOLI’ (“Subject Mark”) is one of the most recognized names in enterprise systems and IT infrastructure management. It is further claimed that the Subject Mark traces its origin to Tivoli Systems Inc. In 1996, Tivoli Systems Inc. was acquired and