Delhi High Court Strikes Down Rival ‘Elante’ Trademarks, Upholds Prior User Rights Of Chandigarh Realty Firm

Delhi High Court Strikes Down Rival ‘Elante’ Trademarks, Upholds Prior User Rights Of Chandigarh Realty Firm

Introduction

The Delhi High Court has ordered the removal of three trademarks incorporating the word “Elante” from the Register of Trade Marks, holding that their registration was contrary to the settled principles governing prior user rights under trademark law. The Court found that the registrations obtained by Elante Residencies Limited were subsequent, lacked bona fide adoption, and infringed the prior and well-established rights of Chandigarh-based CSJ Infrastructure Private Limited.

Factual Background

CSJ Infrastructure Private Limited stated that it adopted the mark “Elante” in 2010 and commenced commercial use from 2011 in relation to real estate services. The company developed and operated prominent commercial properties in Chandigarh, including Elante Mall, Elante Office Suites, and a hotel, all marketed extensively under the “Elante” brand. Over time, CSJ Infrastructure claimed to have acquired significant goodwill and reputation in the mark and secured trademark registrations reflecting its long-standing use.

In August 2024, CSJ Infrastructure discovered that Elante Residencies Limited was using the marks “Elante Residencies,” “Elante Group,” and a device mark containing the word “Elante” in relation to real estate development services. These marks were being promoted on social media platforms. CSJ Infrastructure issued a legal notice demanding cessation of use, which was denied by Elante Residencies Limited on the ground that CSJ Infrastructure was allegedly confined to retail activities. Pre-litigation mediation conducted in May 2025 also failed.

Procedural Background

CSJ Infrastructure thereafter filed three rectification petitions before the Delhi High Court seeking removal of the impugned marks from the Register of Trade Marks. Notices were issued to Elante Residencies Limited in August 2025. However, the respondent neither entered the appearance nor filed any reply. Consequently, the Court proceeded ex parte in November 2025.

Issues

1. Whether CSJ Infrastructure was the prior adopter and prior user of the “Elante” mark

2. Whether the marks registered by Elante Residencies Limited were deceptively similar and covered identical services

3. Whether the later registrations were liable to be removed on account of prior user rights and absence of bona fide adoption

Contentions of the Parties

CSJ Infrastructure contended that it had continuously and openly used the “Elante” mark since 2011 and had built substantial goodwill in relation to real estate, commercial complexes, and allied services. It argued that “Elante” constituted the dominant and essential feature of its registered marks and that the respondent’s adoption of identical marks for identical services was dishonest and likely to cause confusion.

Since Elante Residencies Limited failed to appear or file any response, the factual assertions made by CSJ Infrastructure remained uncontroverted and were treated as admitted.

Reasoning and Analysis

The Court observed that the unchallenged pleadings and documentary evidence established CSJ Infrastructure as the prior adopter, prior user, and registered proprietor of the “Elante” mark. It noted that CSJ Infrastructure’s use of the mark since 2011 had resulted in considerable goodwill and consumer association, particularly in the field of real estate and commercial infrastructure.

Justice Tejas Karia found that “Elante” was the dominant and essential feature of both the petitioner’s marks and the impugned marks registered by Elante Residencies Limited. The Court further noted that the respondent’s registrations, obtained in 2019 and 2020 on a proposed-to-be-used basis, covered construction and real estate development services that were identical to those offered by CSJ Infrastructure.

Relying on the Supreme Court’s decision in Neon Laboratories Ltd. v. Medical Technologies Ltd., the Court reiterated that prior user rights prevail over subsequent registrations. It held that the respondent had failed to establish any bona fide adoption or actual use of the impugned marks and that the likelihood of consumer confusion was inevitable given the identity of marks and services. The Court concluded that the impugned registrations were obtained in derogation of CSJ Infrastructure’s prior rights and were therefore liable to be struck off.

Decision

Allowing the rectification petitions, the Delhi High Court directed the Registrar of Trade Marks to remove the marks “Elante Residencies,” “Elante Group,” and the device mark containing the word “Elante” from the Register of Trade Marks. The Court held that the registrations could not be sustained in light of CSJ Infrastructure’s prior use, established goodwill, and statutory rights in the “Elante” mark.

In this case the petitioner was represented by Mr. Sagar Chandra, Ms. Shubhie Wahi, Ms. Sanya Kapoor and Ms. Mansha Bhatia, Advocates.