YASHASVI HAVELIA vs PRABHTEJ BHATIA AND ANR.

Judgment text excerpt

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 22nd January, 2026 + C.O. (COMM.IPD-TM) 166/2025 YASHASVI HAVELIA .....Petitioner Through: Mr. Anshuman Upadhyay, Mr. Naseem Sheikh, Mr. Rahul Singh and Ms. Shubhangi Shaswat, Advocates. versus PRABHTEJ BHATIA AND ANR. .....Respondents Through: None for Respondent No.1. Ms. Nidhi Raman, CGSC with Mr. Om Ram and Mr. Arnav Mittal, Advocates for R-2. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH JUDGEMENT JYOTI SINGH, J. (ORAL) I.A.17044/2025 (Exemption) 1. Allowed, subject to all just exceptions. 2. Application stands disposed of. C.O. (COMM.IPD-TM) 166/2025 & I.A. 17043/2025 3. This rectification petition has been filed on behalf of the Petitioner under Sections 47 and 57 of the Trade Marks Act, 1999 (‘1999 Act’) for removal of entry in respect of trademark ‘BANDOOK’ under Registration No.3762319 in Class 33 in respect of alcoholic beverages, excluding beer, in the name of Sh. Prabhtej Bhatia, trading in the name of Raipur Bottling Company/Respondent No.1. 4. To the extent necessary, case of the Petitioner is that it is actively Signature Not Verified Digitally Signed C.O. (COMM.IPD-TM) 166/2025 Page 1 of 9 By:KAMAL KUMAR Signing Date:03.02.2026 17:39:35 engaged in the business of conceptualizing, developing and marketing a range of beverages including beer and non-alcoholic drinks. Petitioner adopted the trademark ‘BANDOOK’ as an arbitrary and distinctive word intended to function as the core identifier for its beverage line. Petitioner secured registration of the mark in Class 32 bearing Registration No.6240831 with effect from 30.12.2023. 5. It is averred that prior to filing the present petition, Petitioner conducted a public search on the portal of Trade Marks Registry and discovered that the impugned mark