Delhi High Court Allows Rectification Petition, Orders Deletion of “ARUN” from “AiC ARUN” for Identical Goods

Recently, the Delhi High Court allowed a trademark rectification petition filed by Satya Paul (“Petitioner”), the proprietor of the trademark ARUN, and directed the rectification of the trademark “AiC ARUN” registered in favour of Alka Industrial Corporation (“Respondent”) by ordering deletion of the word “ARUN” from the trademark.

The Petitioner claimed to have adopted the trademark ARUN in 1962 for sewing machines and related parts. The Petitioner relied on multiple registrations obtained from 1976. He also produced extensive material demonstrating long, uninterrupted use, substantial advertising, issuance of caution notices, steady growth in sales figures and successful enforcement actions, to establish the goodwill of the trademark ARUN. As per the Petitioner, the Respondent had wrongfully obtained a registration for AiC ARUN in 2007, on and in relation to identical goods, i.e., sewing machines, in order to exploit the goodwill associated with its trademark ARUN.

The Respondent argued that the term ARUN was a common and generic name, and that the prefix AiC created sufficient distinction. It also contended that since the Petitioner had failed to oppose the application at the advertisement stage, it is estopped from challenging the registration granted for the AiC ARUN trademark.

The Court rejected the Respondent's contentions, and held that it was undisputable that the trademark AiC ARUN was granted registration much later than the Petitioner. It also noted that that the Respondent had not produced any evidence to show that the term ARUN was common to the trade, while the Petitioner had placed substantial material demonstrating exclusivity, continuous use, and wide recognition. The Court held that since the dominant element of both trademarks was ARUN, the addition of the prefix “AiC” failed to dispel the likelihood of confusion, especially given the identical goods and overlapping trade channels and consumers.

The Court also clarified that failure to file an opposition does not bar a party from seeking rectification of a trademark, as the statutory scheme preserves the right to challenge invalid registrations. Accordingly, the Court directed the deletion of the term ARUN from “AiC ARUN” and also permitted the Respondent to continue using the term “AiC” with any term which is distinct from the Petitioner’s ARUN trademark.

Satya Paul v Alka Industries Corp [C.O. (COMM.IPD-TM) 651/2022], judgment dated February 9, 2026

Copy of the judgment can be accessed at: