VOLKSWAGEN AG vs THE REGISTRAR OF TRADE MARKS AND ANR

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 20th November, 2025 Date of decision:12th March, 2026 Date of uploading: As per digital signature + C.A.(COMM.IPD-TM) 30/2024 VOLKSWAGEN AG .....Appellant Through: Mr. Jayant Kumar, and Ms. Ruchi Singh, Advs. versus THE REGISTRAR OF TRADE MARKS AND ANR .....Respondents Through: Ms. Saumya Tandon, CGSC with Mr. Gaurav Singh Sengar, Advs. for R-1 Mr. Prashant Gupta and Mr. Jithin M. George, Advs. for R-2 % CORAM: HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA JUDGMENT MANMEET PRITAM SINGH ARORA, J 1. The present appeal has been filed against the order dated 13.12.2023 [‘impugned order’] passed by the Respondent No. 1/Registrar of Trade Marks, whereby it dismissed the opposition filed by the Appellant against trademark application no. 2990453 filed by the Respondent No. 2/Maruti Suzuki India Limited for the mark ‘TRANSFORMOTION’ in Class 12. 2. Appellant is the owner of the mark ‘4MOTION’ [Appellant’s mark’] registered under trademark registration no. 1388469 in Class 7, 12,28, 35 and 37 on 27.09.2005. Signature Not Verified Signed By:MAHIMA SHARMA C.A.(COMM.IPD-TM) 30/2024 Page 1 of 16 Signing Date:12.03.2026 17:40 Factual Matrix 3. The Respondent No. 2 filed the trademark Application for the mark ‘TRANSFORMOTION’ [‘impugned mark’] in class 12 on 22.06.2015 in respect of vehicles; apparatus for locomotion by land, air or water on a proposed to be used basis. Respondent No. 1 accepted the said application for the impugned mark and advertised the same in the Trade Mark Journal No. 1803 dated 26.06.2017. 3.1 Appellant, upon learning about the advertisement, filed a Notice of Opposition against the impugned mark on 25.10.2017 on the ground of its similarity with the Appellant’s mark. 3.2 Respondent No. 1, vide its impu