DANONE ASIA PACIFIC HOLDINGS PTE. LTD. vs MANJU KUMARI WIFE OF SUDHIR SUMAN & ANR.

Judgment text excerpt

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 20th May, 2026 + C.O. (COMM.IPD-TM) 85/2025 DANONE ASIA PACIFIC HOLDINGS PTE. LTD. .....Petitioner Through: Mr. V.S. Krishna and Mr. Ashish Sharma, Advocates. versus MANJU KUMARI WIFE OF SUDHIR SUMAN & ANR. .....Respondents Through: Respondent No. 1 is ex parte. Ms. Nidhi Raman, CGSC with Mr. Om Ram and Ms. Nikita Singh, Advocates for R-2. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH JUDGEMENT JYOTI SINGH, J. (ORAL) 1. This petition is filed on behalf of the Petitioner under Section 57 of the Trade Marks Act, 1999 (‘1999 Act’) for a direction to Respondent No. 2/Registrar of Trademarks to remove/expunge entry relating to Registration No. 4566089 for the mark ‘PROTRILEX’ in Class 05. 2. Petitioner is stated to be a part of Danone Group of Companies which is engaged in its business in over 120 countries and is considered one of world’s foremost players in specialized nutrition market as well as in the dairy and plant-based-products market with established presence for packaged water as well. Present petition concerns the trademark PROTINEX which has been commercially used in India by Petitioner’s Signature Not Verified Digitally Signed By:KAMAL KUMAR C.O. (COMM.IPD-TM) 85/2025 Page 1 of 6 Signing Date:26.05.2026 10:47:27 predecessors since 1957 and was originally registered by Dumex Private Limited and later acquired by Pfizer Group in 1972. The trademark was acquired in 2006 by Wockhardt Group and eventually came to be held by Wockhardt EU Operations (Swiss) AG. 3. It is stated in the petition that apart from common law rights in the mark PROTINEX, Petitioner has obtained registrations in several classes, details of which are furnished in paragraph 55 of the petition. Petitioner’s product bearing the mark PROTI