Synopsis

The petitioner (Shubham Goldiee Masale Pvt. Ltd.) filed rectification petitions under Sections 47, 57 and 125 of the Trade Marks Act, 1999 seeking removal/cancellation of the respondent’s registered trademark “GOLDI (label)” in Classes 29 (mustard oil) and 31 (oil cake for animals). The petitioner claimed to be the prior adopter, prior user, and prior registrant of the mark “GOLDIE” since 1980, with substantial sales and reputation. The respondent did not appear and was proceeded ex parte. The court held that the marks “GOLDIE” and “GOLDI” are phonetically, visually, and structurally deceptively similar; the petitioner’s prior rights and reputation entitled it to rectification; and the impugned registrations were liable to be cancelled.

Court: High Court of Delhi
Coram: Tushar Rao Gedela, J.
Date: April 8, 2026
Citation: 2026:DHC:2935
Core Law: Trade Marks Act, 1999 – Sections 9, 11, 12, 18, 47, 57, 125; Rectification of Register.

2. Legal Framework

• Trade Marks Act, 1999: Sections 9 (absolute grounds for refusal), 11 (relative grounds – likelihood of confusion with earlier mark), 12 (registration in case of honest concurrent use), 18 (application for registration), 47 (removal for non‑use), 57 (power to rectify register), 125 (rectification proceedings).

• Doctrine of deceptive similarity: Comparison of marks on phonetic, visual, structural, and conceptual similarity; likelihood of confusion to an average consumer with imperfect recollection.

• Relevant Precedents:
  Fybros Electric (P) Ltd. v. Vasu Dev Gupta (2023 SCC OnLine Del 3179) – registration in a class covers all goods

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