* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 24.02.2026 Judgment delivered on: 08.04.2026 + C.O. (COMM.IPD-TM) 392/2021 + C.O. (COMM.IPD-TM) 393/2021 SHUBHAM GOLDIEE MASALE PVT. LTD .....Petitioner versus JAI SHIV OIL INDUSTRIES AND ANR. .....Respondents Advocates who appeared in this case:

For the Petitioner : Mr. Ajay Amitabh Suman and Ms. Deasha Mehta, Advocates For the Respondents : Mr. Nishant Gautam, CGSC with Mr. Vineet Negi, Ms. Kavya Shukla, Mr. Naman Sharma and Ms. Theresa, Advocates.

CORAM:

HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

J U D G M E N T

TUSHAR RAO GEDELA, J.

1. The present petitions have been filed under Sections 47, 57 and 125 of the Trade Marks Act, 1999 (hereinafter referred to as “the Act”) by the petitioner seeking, inter alia, the following prayers:-

In so far as CO(COMM.IPD-TM) 392/2021 is concerned, the prayers are as under:

“In view of the abovementioned facts/ statement of case and the abovementioned grounds for revocation/ cancellation/ rectification, it is most respectfully prayed that this Hon‟ble Board may kindly be pleased to:

(i) remove/ cancel/ expunge/ rectify the entry pertaining to impugned Trade Mark “GOLDI (LABEL)” registered under no.945240 in class 29. (ii) Stay the effect and operation of the entry pertaining to impugned Trade Mark “GOLDI(LABEL)” registered under no.945240 in class 29 during the pendency of the present proceedings.

Any other relief(s) which is fit and proper in the facts and circumstances including an order for costs of the proceeding to petitioners.”

In so far as CO(COMM.IPD-TM) 393/2021 is concerned, the prayers are as under:

“In view of the abovementioned facts/ statement of case and the abovementioned grounds for revocation/ cancellation/ rectification, it is most respectfully prayed that this Hon‟ble Board may kindly be pleased to:

(i) remove/ cancel/ expunge/ rectify the entry pertaining to impugned Trade Mark “GOLDI (LABEL)” registered under no.2023762 in class

31.

(ii) Stay the effect and operation of the entry pertaining to impugned Trade Mark “GOLDI(LABEL)” registered under no.2023762 in class 31 during the pendency of the present proceedings.

Any other relief(s) which is fit and proper in the facts and circumstances including an order for costs of the proceeding to petitioners.”

2. Since the factual matrix arising in both the petitions are substantially common, the grounds of challenge too are common, therefore, the two petitions are being disposed of vide this common judgment.

BACKGROUND FACTS:-

3. Petitioner claims to be a company duly incorporated under the Indian Companies Act, 1956, and has its office in Kanpur, Uttar Pradesh. Petitioner claims to be engaged in the business of manufacturing and marketing food products for human consumption including spices and other allied and related goods under the name and style of M/s Shubham Goldiee Masale Private Limited.

4. Petitioner is the proprietor of the trademark “GOLDIEE” and Goldiee formative marks in relation to the aforesaid goods. The word “GOLDIEE” also forms part of the petitioner’s trade name. It is stated that through the predecessors, the petitioner adopted the said trademark in the year 1980, and have been continuously and uninterruptedly using the said trademark till date.

5. By virtue of being the prior and senior adopter and user of the said trademark, petitioner’s claim that the said mark has acquired distinctiveness in the market and trade, and identifies the said goods and business as exclusively originating from the petitioner’s alone. Petitioner states that on account of their high quality products under the said trademark, the trademark has become source identifier for the petitioner and its goods.

6. Petitioner states that the trademark “GOLDIEE” has acquired a tremendous goodwill reputation in the market and rely upon the sales figures from the year 2000 when its turnover was Rs.43 Crores which reached Rs.297 Crores in the FY 2012-13 under said mark.

7. Petitioner states that the prom