Synopsis

Toyota, the global automobile manufacturer, challenged the registration of the mark ALPHARD obtained by Tech Square in India in 2015 for goods in Classes 9, 12 and 27. Toyota claimed prior adoption (1986), global use since 2002, and trans‑border reputation in India through imports, online presence, and media coverage even before formal launch. The Single Judge dismissed Toyota’s rectification petition under Section 57, holding that Toyota failed to prove sufficient goodwill or reputation in India. The Division Bench reversed, holding that (i) unsolicited third‑party imports of luxury vehicles bearing the ALPHARD mark are powerful evidence of reputation; (ii) the mark qualified as a “well‑known” trademark under Section 11(6)-(10); (iii) the respondent’s adoption lacked bona fides; (iv) the registrations were “wrongly remaining on the Register”. The appeal was allowed and the impugned registrations were ordered to be removed.

Court: High Court of Delhi at New Delhi

Coram: Hon’ble Mr. Justice C. Hari Shankar and Hon’ble Mr. Justice Om Prakash Shukla (Division Bench)

Date of Judgment: 4th May 2026

Citation: LPA 176/2023 & connected matters (2026:DHC:3762-DB)

Core Law: Trade Marks Act, 1999 – Sections 11 (relative grounds for refusal), 57 (rectification), 2(1)(zg) (well‑known trademark); Trans‑border reputation.

1.  Heading of the judgment

High court of delhi at new delhi

Lpa 176 of 2023 & connected matters (cm appl. 11804 of 2023)

Toyota jidosha kabushiki kaisha (appellant) vs. Tech square engineering pvt ltd & anr (respondents)

Coram: hon’ble mr. justice c. hari shankar and hon’ble mr. justice om prakash shukla (division bench)

Judgment reserved on: 18th february, 2026; pronounced on: 4th may, 2026

2. Legal framework

Major laws and provisions involved:

• Trade marks act, 1999 – section 11(1), (2), (3) (relative grounds for refusal of registration), section 11(6)-(10) (determination of well‑known trademark), section 57 (rectification of register), section 2(1)(zg) (definition of well‑known trademark)

• Doctrine of trans‑border reputation – protection of marks with international reputation spilling over into India even without local use

Subject matter of the judgment:

Whether a foreign trademark owner (Toyota) can succeed in rectification proceedings under Section 57 against a subsequent Indian registrant of an identical mark by establish

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