Non-Use of Trademark for Over Two Decades Leads to Rectification: Delhi High Court Cancels "SHAKTI" Registration for Lack of Bona Fide Intention and Honest Concurrent Use

1. Case Snapshot

Case Name: Mr P.C. Duraisamy vs Kewal Krishan Kumar & Anr

Citation: C.O. (COMM.IPD-TM) 180/2022

High Court: High Court of Delhi

Bench: Hon'ble Mr. Justice Tushar Rao Gedela

Date of Judgment: 24th June, 2026

Area of Law: Intellectual Property Law, Trademark Law, Rectification, Non-Use of Trademark

2. Judgment in Brief

The Delhi High Court allowed a rectification petition filed by the petitioner seeking removal of the trademark "SHAKTI" registered under no. 701410 in Class 30 in the name of respondent no.1. The petitioner, who had been using the mark "SAKTHI" since 1977 and held registrations since 1979, challenged the registration of the phonetically identical mark "SHAKTI" by respondent no.1. The Court held that the respondents failed to prove any actual use of the mark "SHAKTI" from the date of application (12.03.1996) till the date of registration (22.05.2018) or even subsequently. Despite the respondents' claim of "honest concurrent use" under Section 12 and a novel interpretation of Sections 15, 17, and 55 of the Trade Marks Act, 1999, the Court found no tangible evidence of use. The Court also noted that in earlier opposition proceedings, the Registrar had held that respondent no.1 failed to prove use of its mark "SHAKTI BHOG." The Court directed the cancellation and removal of the impugned mark from the Register of Trade Marks under Section 47(1)(a) of the Act.

3. Relevant Facts

Petitioner's Business and Trademark

• The petitioner, Mr. P.C. Duraisamy, is a manufacturer of food products including spices, masala powders, edible oils, pickles, flour, and papad.

• He adopted the trademark "SAKTHI" in 1977 and obtained registration in 1979 for Class 30.

• The petitioner obtained multiple registrations for the mark "SAKTHI" in Class 30 and other classes, both as device marks and word marks.

• The petitioner claimed extensive use PAN India and exports to various countries, with high sales turnover and substantial goodwill.

Respondent's Trademark

• Respondent no.1 applied for registration of the mark "SHAKTI" in Class 30 on 12.03.1996 under no. 701410.

• The petitioner filed opposition proceedings, but the opposition was dismissed on procedural grounds.

• The mark was finally registered on 22.05.2018.

Earlier Opposition Proceedings

• Respondent no.1 had filed opposition proceedings against the petitioner's application for the mark "SAKTHI TOOR DHALL" under no. 1006557 in Class 30.

• By order dated 26.06.2009, the Registrar rejected respondent no.1's opposition, holding that respondent no.1 failed to prove use of its mark "SHAKTI BHOG" and that the petitioner was the proprietor of the mark "SAKTHI."

• Respondent no.1 did not challenge this order.

Assignment Deed

• Respondent no.1 assign

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