* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 17.01.2026 + C.O. (COMM.IPD-TM) 176/2024 & I.A. 39130/2024 GM MODULAR PVT. LTD. .....Petitioner versus MUMTAZ AHMED & ANR. .....Respondents Advocates who appeared in this case For the Petitioner : Mr. Ajay Amitabh Suman, Mr. Shravan Kumar Bansal, Mr. Rishi Bansal, Mr. Deepak Srivastava, Mr. Rishabh Gupta, Ms. Shruti Manchanda and Ms. Deasha Mehta, Advocates.

For the Respondents : Ms. Nidhi Raman, CGSC with Mr. Mayank S. and Mr. Om Rai, Advocates for R-2.

CORAM:

HON'BLE MR. JUSTICE TEJAS KARIA

JUDGMENT

TEJAS KARIA, J

1. The present Rectification Petition has been filed under Section 57 of the Trade Marks Act, 1999 (“Act”) seeking rectification of the Register of Trade Marks by cancellation / removal of the Trade Mark ‘ ’

registered under Trade Mark Application No. 1978669 in Class 11 (“Impugned Trade Mark”) in favour of Respondent No. 1.

PROCEEDURAL BACKGROUND:

2. The Notice in the present Petition was issued vide Order dated 11.09.2024 and the Respondents were given a time of four weeks to file their respective replies to the present Petition. Vide Order dated 06.12.2024, it was recorded that the Petitioner filed an Affidavit of Service to show that Respondent No. 1 had been served, however none appeared for Respondent No. 1. On 16.04.2025, Respondent No. 1 was directed to be served through the Trade MarkAgent through which theApplication for the Impugned Trade Mark was filed.

3. Respondent No. 1 failed to appear even on 13.08.2025, and, therefore, RespondentNo.1wasdirectedtobeproceededex-parte.ThelearnedCounsel for the Petitioner made submissions on 26.11.2025 and the judgment was reserved.

SUBMISSIONSONBEHALFOFTHEPETITIONER:

4. ThelearnedCounselforthePetitionermadethefollowingsubmissions:

4.1 The Petitioner is engaged in the business of manufacture and trade of a wide range of electrical goods, electrical switches, accessories, appliances, electronic components and other allied and related goods and offering services in connection therewith (“Petitioner’s Goods and Services”) under the Marks, ‘GM’,

‘ ’, ‘ ’, ‘ ’ and

‘ ’ (“Petitioner’s Trade Marks”).

4.2 Ever since the bona fide and honest adoption of the Petitioner’s Trade Mark, ‘GM’ in the year 1999, the Petitioner has been honestly, continuously, commercially, openly, exclusively and to theexclusionofothers,uninterruptedlyandinthecourseoftrade and as proprietor thereof using the Petitioner’s Trade Marks in relation to the Petitioner’s Goods and Services and has built up a valuable trade, goodwill and reputation thereunder. The Petitioner’s Goods and Services being carried on by the Petitioner under the Petitioner’s Trade Marks is very extensive and the Petitioner’s Goods and Services thereunder have been traded in large quantities in all major parts of the country. The Petitioner has obtained registrations for the Petitioner’s Trade Marks in various classes. The details of registration of the Petitioner’s Trade Marks are as under:

4.3 The artistic work involved in the Petitioner’s Trade Mark,

‘ ’ (“Petitioner’s Artistic Work”) is an original artistic work and the Petitioner is the owner and proprietor of the copyrightthereinwithinthemeaningoftheCopyrightAct,1957. The Petitioner’s Artistic Work is also registered under the

CopyrightAct underNo.A-64280/2003.The Petitioner has been dealing with the Petitioner’sArtistic Work in the course of trade in relation to the Petitioner’s Goods and Services.

4.4 The Petitioner has invested significantly in the promotion and marketing of the Petitioner’s Trade Marks, dedicating considerable financial resources to ensure their prominence in the relevant market sectors. As a result, the Petitioner’s Trade Marks have become synonymous with Petitioner’s corporate identity and is an essential element of its business branding. The prolonged, continuous, and public utilization of the Petitioner’s Trade Marks has generated significant goodwill and a strong reputation, which is exclusively associ