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

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 1972. The trademark was acquired in