Allowed¶28

New Balance Athletics, Inc. v. Findsatoshi Lab Limited & Anr.

Delhi HC23 Feb 2026C.O. (COMM.IPD-TM)/201/2024

Case brief

AI extract

What is this about?

Section 57 Trade Marks Act 1999 cancellation/rectification petition; Registration No. 5402528 Class 28 device mark; deceptive similarity with New Balance 'N' device marks; word 'STEP' insufficient to distinguish; Deed of Assignment dated 28.11.2024 to FSL IP PTE Limited; affidavit dated 05.02.2026 declining to maintain registration; e-mail dated 26.11.2025 no objection; Registrar of Trade Marks to remove and rectify Register within 8 weeks; C.O. (COMM.IPD-TM) 201/2024; Delhi High Court IP Division; Justice Jyoti Singh; order dated 23.02.2026.

What did the court decide?

Cancellation of Registration No. 5402528 in Class 28; Registrar of Trade Marks directed to remove the mark from the Register of Trade Marks and rectify the Register within 8 weeks; petition disposed of in the aforesaid terms. ¶28

New Balance Athletics, Inc. Vs Findsatoshi Lab Limited & Anr. — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶28

Issue for consideration

Whether Registration No. 5402528 in Class 28 (device mark of Respondent No. 1) should be cancelled under Section 57 of the Trade Marks Act, 1999 on the ground that it is deceptively similar to the Petitioner's 'N' device marks, the word 'STEP' being insufficient to distinguish the rival marks.

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Court's answer

In light of the stand taken by FSL IP PTE Limited (affidavit of 05.02.2026 and e-mail of 26.11.2025), the petition is allowed and registration of the impugned mark bearing No. 5402528 in Class 28, which is deceptively similar to the Petitioner's registered 'N' marks, is cancelled.

¶22

Ratio / Principle

The Registrar of Trade Marks is directed to remove the trademark from the Register of Trade Marks and rectify the Register to maintain its purity, with needful to be done within 8 weeks.

¶27

Detailed headnote1 paragraphs

High Court of Delhi (Jyoti Singh, J.), order dated 23.02.2026 in C.O. (COMM.IPD-TM) 201/2024: Allowed a petition under Section 57 of the Trade Marks Act, 1999 filed by New Balance Athletics, Inc. seeking cancellation of Registration No. 5402528 in Class 28 (device mark) registered in favour of Respondent No. 1 (FindSatoshi Lab Limited), on the pleaded ground of deceptive similarity with the Petitioner's 'N' device marks, the word 'STEP' being insufficient to distinguish the rival marks. During the pendency, Respondent No. 1 assigned the impugned mark (with other registrations) to FSL IP PTE Limited by Deed of Assignment dated 28.11.2024; the assignee filed an affidavit on 05.02.2026 stating it did not wish to maintain the registration or contest the petition (without admitting its contents), and had intimated by e-mail dated 26.11.2025 that it had no objection to the petition being allowed. In view of this stand, the Court directed cancellation of the registration and removal/rectification of the Register of Trade Marks within 8 weeks; petition disposed of.

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$~14

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- C.O. (COMM.IPD-TM) 201/2024

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NEW BALANCE ATHLETICS, INC. .....Petitioner

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Through: Mr. Urfee Roomi, Ms. Janaki Arun and Ms. Anuja Chaudhury, Advocates.

¶6

versus

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FINDSATOSHI LAB LIMITED & ANR. .....Respondents Through: Mr. N. Mahabir, Mr. Prakash C. Arya, Ms. Noopur Biswas and Ms. Vijay Laxmi, Advocates for R-1.

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Ms. Avshreya Pratap Singh Rudy, CGSC with Ms. Usha Jamnal, Ms. Nyasa Sharma and Mr. Ankit Khatri, Advocates for R-2.

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CORAM: HON'BLE MS. JUSTICE JYOTI SINGH

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O R D E R % 23.02.2026

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This petition is filed on behalf of the Petitioner under Section 57 of the Trade Marks Act, 1999 (‘1999 Act’) seeking cancellation of Registration

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No. 5402528 in Class 28 in respect of device mark registered in favour of Respondent No. 1.

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Learned counsel for the Petitioner submits that in light of the affidavit filed on behalf of FSL IP PTE Limited stating that the said entity does not wish to maintain the registered Trademark bearing No. 5402528 and contest this petition, the same be allowed and registration of the impugned mark be cancelled.

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Petitioner is the registered proprietor of various trademarks, including

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C.O. (COMM.IPD-TM) 201/2024

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Page 1 of 3

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/02/2026 at 11:55:12

¶19

the ‘N’ device marks and seeks cancellation of the impugned mark on the ground that the said mark is deceptively similar to Petitioner’s subject mark and the word ‘STEP’ is insufficient to distinguish the rival marks. During the pendency of this petition, a crucial development has taken place, whereby Respondent No. 1 has, by Deed of Assignment dated 28.11.2024, assigned multiple registered trademarks in India in favour of FSL IP PTE Limited, which includes the impugned mark registered under No. 5402528. In the affidavit filed on 05.02.2026 by FSL IP PTE Limited, it is stated that after the assignment of the impugned mark, it does not wish to maintain the registered trademark, without admitting to the contents of the present

¶20

petition and hence, the registered trademark under Registration No. 5402528 be removed from the Register of Trade Marks. For the sake of reference, comparative of the rival marks is as follows:-

¶21

Additionally, Mr. Urfee Roomi, learned counsel for the Petitioner draws the attention of the Court to an e-mail dated 26.11.2025 placed on record, whereby the assignee FSL IP PTE Limited has intimated that it does not have any objection to this petition being allowed and the Register of Trade Marks being rectified after cancelling the registration of the impugned mark.

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In light of the stand taken by FSL IP PTE Limited, as noted above, this petition is allowed. It is directed that registration of the impugned mark

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C.O. (COMM.IPD-TM) 201/2024

¶24

Page 2 of 3

¶25

This is a digitally signed order.

¶26

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/02/2026 at 11:55:12

¶27

, which is deceptively similar to the registered ‘N’ marks of the Petitioner, bearing No. 5402528 in Class 28 be cancelled. Registrar of Trade Marks shall remove the trademark from the Register of Trade Marks and rectify the same to maintain its purity. Needful shall be done within 8 weeks from today.

¶28

Petition is disposed of in the aforesaid terms.

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JYOTI SINGH, J

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FEBRUARY 23, 2026

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S. Sharma

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C.O. (COMM.IPD-TM) 201/2024

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Page 3 of 3

¶34

This is a digitally signed order.

¶35

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/02/2026 at 11:55:12

New Balance Athletics, Inc. v. Findsatoshi Lab Limited & Anr.

Case brief

What is this about?

What did the court decide?

New Balance Athletics, Inc. v. Findsatoshi Lab Limited & Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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New Balance Athletics, Inc. Vs Findsatoshi Lab Limited and Anr.

New Balance Athletics, Inc. Vs Findsatoshi Lab Limited & Anr.