R. K. Dewan & Co. is pleased to share a significant year-end success with an ex parte ad-interim order passed by the Hon’ble Delhi High Court enforcing the Maulesh Dayabhai Ukani’s (Plaintiff’s) long-standing and well-established ‘SIGNATURE’ trademark in Class 3.

The suit was instituted to restrain the Defendant from using the mark ‘SIGNATURE/Signature’ in relation to perfumes, deodorants and allied products. The Plaintiffs asserted statutory rights flowing from prior registration of the ‘SIGNATURE’ mark dating back to 1999, along with continuous use and reputation in the market.

At the ad-interim stage, the Hon’ble Court recognised the Plaintiffs’ prior registration and rejected the Defendant’s plea that the mark was “common to trade”. The Court held that the Defendant’s adoption of ‘SIGNATURE/Signature’ for identical goods constituted an exact imitation of the Plaintiffs’ registered mark, squarely attracting the statutory presumption of likelihood of confusion under Sections 29(2)(c) and 29(3) of the Trade Marks Act, 1999.

Accordingly, the Hon’ble Court granted an ex parte ad-interim injunction, restraining the Defendant from using, manufacturing, marketing or selling perfumes, deodorants and allied products under the impugned marks. The Court further appointed a Local Commissioner in Mumbai to seize infringing stock, packaging and promotional material and to record accounts.

This order reaffirms the strength of long-standing trademark registrations and the robust protection accorded to identical marks used for identical goods under Indian trademark law. The matter reflects effective enforcement strategy and swift remedial relief for brand owners facing clear cases of infringement.