Ankit Aggarwal Proprietor Of M/S Vepson Engineers v. Gupta Casting Pvt. Ltd.

In the world of trademarks, registration is not the finish line—it is merely the starting gun. A mark on the Register means little if it sits dormant for years while a prior user has been quietly building a legacy in the marketplace. This case is a textbook reminder that prior user rights, backed by genuine commercial history, can dismantle even registered marks that copy too closely and fail to prove real use.

The dispute unfolded in the Delhi High Court between Ankit Aggarwal, proprietor of M/S Vepson, and Gupta Casting Pvt. Ltd. Aggarwal's family had been using the mark 'JAI KISAN' since 1985 in connection with agricultural implements—a category where brand recognition is built slowly, through generations of farmers and dealers. Gupta Casting, the respondent, held two trademark registrations that Aggarwal alleged were confusingly similar to his well-established 'JAI KISAN' mark. Aggarwal filed petitions seeking cancellation of those registrations, setting the stage for a contest between a long-standing prior user and a registered proprietor whose marks had allegedly never seen the light of day in commerce.

Aggarwal argued from the foundation of prior user rights: the 'JAI KISAN' mark had been in continuous use since 1985, accruing substantial goodwill and reputation in agricultural implements. He contended that the respondent's registered marks were visually, phonetically, and conceptually so similar to 'JAI KISAN' that they were likely to cause confusion among consumers, particularly in rural and semi-urban markets where such brands are recognized by sight and sound. On a second front, Aggarwal invoked Section 47 of the Trade Marks Act, arguing that the respondent had failed to use its registered marks for a continuous period of five years, rendering them vulnerable to removal. Gupta Casting, as the registered proprietor, carried the burden of proving genuine use—but the evidence presented fell short of demonstrating any real commercial exploitation of the marks during the relevant period.

The Delhi High Court ruled in favor of Ankit Aggarwal, allowing the petitions and ordering the removal of both of Gupta Casting's trademark registrations from the Register. The court accepted Aggarwal's prior user claim, recognizing that 'JAI KISAN' had been in use since 1985 and had built significant goodwill in the agricultural implements sector. The marks held by Gupta Casting were found to be confusingly similar to this prior, established mark. Equally decisive was the non-use ground under Section 47 of the Trade Marks Act: the respondent failed to discharge the burden of proving genuine use of its registered marks for a continuous five-year period. With both pillars of Aggarwal's case standing firm, the court concluded that the registrations had to go.

For founders and IP professionals, this case delivers two hard lessons. First, prior user rights are not a relic of the past—they remain a powerful shield, especially in traditional sectors like agriculture where brands accumulate goodwill over decades. If you are the first to market, document your use meticulously from day one: invoices, packaging, advertisements, dealer records, and date-stamped materials. Second, registration without use is a liability, not an asset. If you hold a registered mark, be prepared to prove genuine commercial use on demand, because under Section 47, five years of non-use opens the door to cancellation by any aggrieved party. In short: build the brand, use the brand, and prove the use—or risk watching someone else erase your registration from the Register.