HONASA CONSUMER LTD vs VISAGE BEAUTY AND HEALTH CARE PVT LTD & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 19.05.2026 Judgment delivered on: 19.06.2026 + C.O. (COMM.IPD-TM) 215/2023 & I.A. 18072/2023 HONASA CONSUMER LTD .....Petitioner versus VISAGE BEAUTY AND HEALTH CARE PVT LTD & ANR. .....Respondents Advocates who appeared in this case: For the Petitioner : Mr. Abhimanyu Bhandari, Senior Advocate alongwith Ms. Kartika Sharma, Ms. Harsha Sandhwani, Mr. Sahil Saraswat, Mr. Manav Mitra and Ms. Shubhika Joshi, Advocates. For the Respondents : Mr. Vaibhav Vutts, Ms. Aamna Hasan, Ms. Anupriya Shyam, Mr. Aarya Deshmukh and Ms. Vaibhavi SG, Advocates for R-1. Mr. Vikrant Nilesh Goyal, Mr. Mohit Goyal, Mr. Yash Basoya, Mr. Inderpreet Singh and Mr. Kunal Dixit, Advocates for R-2. CORAM: HON’BLE MR. JUSTICE TUSHAR RAO GEDELA JUDGMENT TUSHAR RAO GEDELA, J. 1. The present petition has been filed under Section 57 of the Trade Mark Act, 1999 (hereinafter referred to as ‘the Act’) seeking rectification of the trademark ‘D-TAN’ bearing registration no.2065580 in Class-3 granted in favour of respondent no.1. Signature Not Verified Digitally Signed By:YASHRAJ C.O. (COMM.IPD-TM) 215/2023 Page 1 of 38 Signing Date:19.06.2026 17:07:35 2. The facts, in brief, as stated by the petitioner are that the petitioner company was incorporated in the year 2016. It is stated that the respondent no.1 filed the Trade Mark Application bearing no.2065580 in Class-3 for the mark ‘D-TAN’ on 09.12.2010 which was advertised in the Trade Marks Journal bearing no.1814-0 on 11.09.2017. On 30.01.2018, the Trade Mark Application of respondent no.1 proceeded for registration. 3. The petitioner claims to have launched its products under the trademark ‘AQUALOGICA’ in the year 2021. While the petitioner was manufacturing and offering for sale its products