Kerala HC Rejects Plea to Cancel ‘India Gate’ Trademark, Cites Jurisdiction Bar [Read Judgment]

Kerala: The Kerala High Court has dismissed a petition filed under the Trade Marks Act, 1999, seeking cancellation of the registered trademark “INDIA GATE” belonging to KRBL Limited, holding that the case was not maintainable for want of territorial jurisdiction and for being premature.

Justice M.A. Abdul Hakhim delivered the judgment on October 27, 2025, in SPJC No. 2 of 2025, filed by PAS Agro Foods, a Kerala-based firm, against KRBL Limited and the Controller General of Patents, Designs and Trade Marks (CGPDTM). The petitioner sought cancellation of the “INDIA GATE” mark under Section 57 of the Trade Marks Act, 1999, and Section 50 of the Copyright Act, 1957, contending that KRBL’s registration was invalid.

The Court noted that KRBL Limited had acquired the “INDIA GATE” trademark through a Deed of Assignment dated August 6, 2019, from the original proprietor, Ram Pratap, who had obtained registration from the Trade Marks Registry, New Delhi, in 1993. The company had already initiated C.S. (Comm) No. 78 of 2025 before the District Commercial Court, Tis Hazari, New Delhi, alleging infringement against the petitioner, and had secured a temporary injunction on January 21, 2025.

The respondent challenged the maintainability of the petition, arguing that only the High Court exercising appellate jurisdiction over the Trade Marks Registry where the mark was registered — in this case, the Delhi High Court — had jurisdiction to entertain a rectification plea. Accepting this contention, Justice Hakhim held that Section 57 of the Act must be read with Rule 4 of the Trade Marks Rules, 2017, which fixes jurisdiction with the High Court having authority over the appropriate Trade Marks Registry.

The Court reasoned that permitting multiple High Courts to entertain rectification petitions based on the “dynamic effect” of trademark use would lead to “jurisdictional chaos” and conflicting judgments. Referring to the Madras High Court’s decision in M/s Woltop India Pvt. Ltd. v. Union of India and the Delhi High Court’s ruling in The Hershey Company v. Dilip Kumar Bacha, the Court concluded that the Kerala High Court lacked jurisdiction since the “INDIA GATE” mark was registered in New Delhi.

The Court further found that the case was premature, as no issue regarding the validity of the registration had yet been framed by the Delhi District Court under Section 124(1)(ii) of the Trade Marks Act. Relying on Patel Field Marshal Agencies v. P.M. Diesels Ltd. [(2018) 2 SCC 112], the Bench reiterated that rectification proceedings can only be initiated once the trial court records a prima facie finding on invalidity.

Accordingly, the High Court dismissed the Special Jurisdiction Case as not maintainable.

Case Title: PAS Agro Foods vs. KRBL Limited & Ors.

[Read Judgment]