Delhi High Court Grants Stay on Trademark Registration and Directs Filing of Electronic Record

Delhi High Court Grants Stay on Trademark Registration and Directs Filing of Electronic Record

Introduction

The Delhi High Court has granted an interim stay on the registration of a trademark and directed the appellant, Info Edge (India) Limited, to file an electronic record in compliance with the Delhi High Court (Original Side) Rules, 2018. The order comes in a trademark dispute against Pradeep Namdeo & Anr. involving Opposition No. 1303503.

Factual Background

Info Edge (India) Limited filed an appeal under Section 91 of the Trade Marks Act, 1999, challenging the order dated 25.03.2025 passed by the Assistant Registrar of Trade Marks, which had rejected the company’s opposition to Trademark Application No. 6212666.

Procedural Background

Justice Saurabh Banerjee directed the appellant to submit the complete electronic record in an encrypted compact disc (CD), digital video disc (DVD), or pen drive containing the data in an unedited form with a valid hash value, as per Rule 24 of Chapter XI of the Delhi High Court (Original Side) Rules, 2018. The Court further ordered that the registration process for Trademark Application No. 6212666 be stayed until the next hearing.

Contentions of the Parties

Appellant’s Contentions:

• The appellant argued that the Assistant Registrar’s order rejecting its opposition was erroneous and should be set aside.

• It relied on the earlier decision in Info Edge (India) Limited v. Shailender Gupta, 98 (2002) DLT 499, which was upheld by the Hon’ble Supreme Court, asserting similar legal principles apply.

Respondent’s Contentions:

• The respondent sought additional time to file a reply to the appeal and the stay application.

Reasoning and Analysis

Taking note of the appellant’s submissions and the precedent cited, the Delhi High Court held that a prima facie case was made out to justify an interim stay on the trademark’s registration. The direction to file an electronic record aligns with the Delhi High Court’s procedural rules for ensuring the authenticity of digital evidence.

Implications

This decision underscores the significance of procedural compliance when relying on electronic records in IP disputes. It also reiterates the Court’s discretion to protect the parties’ rights through interim measures, such as staying the registration process when an opposition is pending adjudication.

Outcome

The Court stayed the registration of Trademark Application No. 6212666 and directed the appellant to submit the complete electronic record in the prescribed format. The matter has been renotified for further hearing on 19.11.2025.

In this matter, the appellant was represented by Mr. Nikhil Sharma, Mr. Akshay Bhardwaj, and Mr. Hitesh Malik, Advocates. The respondent was represented by Mr. Om Ram, Advocate for R-2.