Mohsin Dehlvi v. Sh. Masood Umar and Anr.
Case brief
What is this about?
Trademark rectification/removal; Sections 47, 57 Trade Marks Act 1999; DELVI vs DEHLVI; deceptive similarity; single-letter (omission of H) distinction insufficient; Class 30 registration used for allied and cognate goods / alleged Class 5 medicinal products (Aloe Vera Gel, Essential Oil, Skin Repair Gels via Amazon/Facebook); prior user and prior registrant; goodwill and reputation encroachment; ex parte after right to reply closed (orders dated 24.04.2023, 18.07.2023, 06.10.2023, 04.12.2023); IPAB transfer; Unani/Ayurvedic medicines; Dehlvi Remedies Pvt. Ltd.; Exotique Concepts; Masood Umar; Registrar of Trade Marks directed to remove entry; Delhi High Court; Saurabh Banerjee, J.; 11 July 2025.
What did the court decide?
Registrar of Trade Marks directed to remove forthwith the entry pertaining to application no.3153036 for the trademark 'DELVI' in respondent no.1's name from the Register of Trade Marks; a copy of the judgment to be forwarded to the Registrar of Trade Marks for compliance.