Synopsis

The applicant (wife of the registered proprietor) sought substitution in place of respondent No.2 in a trademark rectification petition, claiming assignment of the subject mark vide Assignment Deed dated 01.08.2025. The assignment deed was executed, and Form TM-P was filed before the Registrar of Trade Marks on 04.08.2025 – just days before the first hearing of the rectification petition on 08.08.2025. The Court had earlier observed that the affidavit filed in support of Form TM-P was “ex-facie false” for failing to disclose the pendency of the rectification proceedings. The High Court dismissed the substitution application, holding that: (i) the registered proprietor continues to be the proprietor until Form TM-P is allowed by the Registrar; (ii) the suspicious timing of the assignment (to the wife, immediately before the hearing) and non-disclosure of pending proceedings indicate an attempt to evade the Court’s jurisdiction; (iii) substitution cannot be allowed at this premature stage.

1. Heading of the judgment

High court of delhi at new delhi

C.o. (comm.ipd-tm) no. 120 of 2025 with i.a. no. 24863 of 2025

Anuj bindal messrs aggarwal rice and oil mills (petitioner) vs. Union of india & anr. (respondents)

Coram: hon’ble mr. justice tejas karia

Core Law: Trade Marks Act, 1999 – Section 47, 57 – Rectification of register – Assignment of trademark – Order XXII Rule 10 CPC – Substitution of party – Lis pendens – Doctrine of fraudulent assignment.

Court: High Court of Delhi at New Delhi
Coram: Hon’ble Mr. Justice Tejas Karia (Single Judge)
Date of Judgment: June 15, 2026 (Reserved on May 8, 2026)
Case No.: C.O. (COMM.IPD-TM) 120/2025 with I.A. 24863/2025
Citation: 2026:DHC:5103

2. Legal framework

Major laws and provisions involved:

• Trade Marks Act, 1999 – Sections 47, 57 (rectification of register), Section 2(1)(q) (registered proprietor), Rule 25 of Trade Marks Rules (Form TM-P for recording assignment)

• Code of Civil Procedure, 1908 – Order XXII Rule 10 (substitution of parties in case of assignment, devolution, or interest), Section 151 (inherent powers)

• Doctrine of lis pendens – Section 52 of Transfer of Property Act, 1882 (pending litigation)

Subject matter of the judgment:

Whether a person claiming assignment of a trademark during the pendency of a rectification petition can be substituted as a party under Order XXII Rule 10 CPC, especially when the assignment deed is executed by the respondent in favour of his wife, the affidavit filed before the Registrar fails to disclose the pendency of the rectification proceedings, and the Registrar has not yet recorded the assignment.

Key legal prin

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