Shubham Goldiee Masale Pvt Ltd v. Jai Shiv Oil Industries And Anr

41831162

The Delhi High Court has ruled in favor of Shubham Goldiee Masale Pvt Ltd, directing the cancellation of Jai Shiv Oil Industries' trademark 'GOLDI' due to its similarity with the petitioner's trademark 'GOLDIEE'. The court found that the two marks were phonetically, visually, and structurally nearly identical, and that the respondent's adoption of the mark 'GOLDI' was without bonafide intention. The court also noted that the two parties were in the same business and had common trade circles, distribution networks, and retail outlets, which increased the likelihood of confusion among consumers.

Jurisdiction
India
Court / Office
Delhi High Court
Case Number
41831162
Judge(s)
Tushar Rao Gedela

Detailed Summary

[Cites

19

, Cited by

0

]

Delhi High Court

Shubham Goldiee Masale Pvt Ltd vs Jai Shiv Oil Industries And Anr on 8 April, 2026

Author:

Tushar Rao Gedela

Bench:

Tushar Rao Gedela

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

JUDGMENT

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:

Signature Not Verified

Digitally Signed

By:YASHRAJ

CO(COMM.IPD-TM) 392/2021 & connected matter

Signing Date:09.04.2026 Page 1 of 25

14:34:56

(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.

Practitioner Note

This case demonstrates the evidentiary and procedural standards applied in patent matters before Delhi High Court. Understanding the court's reasoning in Shubham Goldiee Masale Pvt Ltd vs Jai Shiv Oil Industries And Anr is valuable context for structuring arguments or assessing risk in similar proceedings.

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