Trademark Injunction Upheld: Prior Registrar's Order on Deceptive Similarity and Lack of Bona Fides Trumps Subsequent Invoices

1. Case Snapshot

• Case Name: Jagdish Dahyalal Patel vs Anchor Consumer Products Private Limited

• Citation: 2026:DHC:5852-DB

• High Court: High Court of Delhi

• Bench: Hon'ble Mr. Justice V. Kameswar Rao and Hon'ble Ms. Justice Manmeet Pritam Singh Arora

• Date of Decision: July 21, 2026

• Area of Law: Intellectual Property – Trademark Infringement; Civil Procedure – Ex-parte Ad-interim Injunction; Trade Marks Act, 1999

2. Judgment in Brief

The Division Bench dismissed an appeal against an ex-parte ad-interim injunction restraining the appellant from using the mark 'DYNAFRESH' for air fresheners, which was found deceptively similar to the respondent's registered mark 'DYNA' for soaps and personal care products. The appellant alleged suppression of material facts (GST invoices showing use since 2021). The Court rejected this argument, holding that the appellant's first trademark application had been refused by the Registrar on July 29, 2024, on the ground of deceptive similarity with the respondent's mark and lack of bona fide user. This order was not challenged and attained finality, binding the appellant. The subsequent invoices could not overcome the earlier adverse finding.

3. Relevant Facts

• The respondent (Anchor Consumer Products) has used the registered mark 'DYNA' for soaps and personal care products since 1999, with substantial goodwill and reputation.

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