MR P.C. DURAISAMY vs KEWAL KRISHAN KUMAR & ANR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgement reserved on: 16.03.2026 Judgement delivered on: 24.06.2026 + C.O. (COMM.IPD-TM) 180/2022 MR P.C. DURAISAMY .....Petitioner versus KEWAL KRISHAN KUMAR & ANR .....Respondents Advocates who appeared in this case: For the Petitioner : Mr. Kumar Sudeep, Advocate. For the Respondents : Mr. Neeraj Grover, Mr. Angad Deep Singh, Ms. Mohona Sarkar and Ms. Riya Luthra, Advocates for R-3. CORAM: HON'BLE MR. JUSTICE TUSHAR RAO GEDELA JUDGEMENT TUSHAR RAO GEDELA, J. 1. The present petition has been filed seeking removing, expunging or cancelling the trademark “SHAKTI” registered under no.701410 in Class 30 in the name of respondent no.1 from the Register of Trade Marks under Section 47(1)(a) and 47(1)(b), and 57(2) of the Trade Marks Act, 1999 (hereinafter referred to as ‘Act’). 2. Facts as culled out from the petition are as under: (a) Petitioner claims to be a leading manufacturer of food products, and in the course of the said business, had honestly conceived and adopted the trademark “SAKTHI” as its trade name, trading style, and Signature Not Verified Digitally Signed By:YASHRAJ CO(COMM.IPD-TM) 180/2022 Page 1 of 31 Signing Date:25.06.2026 15:01:37 trademark since the year 1977. Petitioner manufactures food products including varieties of spice and masala powders, edible oils, pickles, flour and papad. Petitioner claims that its products are available PAN India and are also exported to various countries like Australia, Europe, Malaysia, Singapore, South Korea, United States of America, and other west-Asian countries. (b) The petitioner claims to have obtained multiple registrations of the trademark “SAKTHI”, primarily for Classes 29 and 30, and other classes as well, which are valid and subsisting till date. (c) Petitioner cl