KARAN RATHORE vs REGISTRAR OF TRADE MARKS & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 17.01.2026 + C.A.(COMM.IPD-TM) 23/2024 & I.A. 9027/2024 KARAN RATHORE .....Appellant versus REGISTRAR OF TRADE MARKS & ANR. .....Respondents Advocates who appeared in this case For the Appellant : Mr. Kunal Khanna, Mr. Vishal Patel, Mr. Nishant Dwivedi and Ms. Divya Verma, Advocates. For the Respondents : Ms. Avshreya Pratap Singh Rudy, CGSC with Ms. Usha Jamnal, Mr. Mohammad Junaid Mahmood and Ms. Prajna Pandita, Advocates for R-1. Mr. Rahul Kumar, Advocate for R-2. CORAM: HON'BLE MR. JUSTICE TEJAS KARIA JUDGMENT TEJAS KARIA, J 1. The present Appeal has been filed by the Appellant under Section 91 of the Trade Marks Act, 1999 (“Act”) assailing the order dated 14.03.2024 Signature Not Verified C.A.(COMM.IPD-TM) 23/2024 Page 1 of 14 Signed By:NEELAM SHARMA Signing Date:17.01.2026 18:23:54 (“Impugned Order”) passed by Respondent No. 1, whereby the Appellant’s Opposition bearing No. 1221460 (“Appellant’s Opposition”) to the Trade Mark Application bearing No. 5854000 in Class 12 (“Subject Application”) for the registration of the Mark ‘JBR’ (“Impugned Mark”) in the name of Respondent No. 2, has been dismissed by Respondent No. 1. FACTUAL BACKGROUND: 2. Mr. Jagdish Joshi, the proprietor M/s Tushar Auto Spares and the predecessor-in-interest of the Appellant, assigned the Mark ‘ ’ (“Appellant’s Mark”) in favour of the Appellant by way of the Deed of Assignment dated 03.05.2023 (“Assignment Deed”). The Appellant’s Mark was registered under the Trade Mark Application bearing No. 2010008 in Class 12 (“Appellant’s Application”), for goods - motor parts. 3. It is the Appellant’s claim that the Appellant is the prior user of the Appellant’s Mark and has been extensively using the same since 04.06.2000 through its pr