Newsletter - March, 2025

The Delhi High Court cancels the registration of the mark ‘ZEPTO’ for non-use, granting relief to Kiranakart Technologies Private Limited

[Kiranakart Technologies (P) Ltd. vs. Mohd. Arshad, C.O. (COMM.IPD-TM) 62 of 2024]

The Delhi High Court granted relief to Kiranakart Technologies Private Limited (Petitioner), which has been operating under the trademark/ brand ‘ZEPTO’, by cancelling an identical mark registered by an individual back in 2014 with the claim of use since 2011 but was found to be not in use.

The Court noted that the Respondent did not file a response to the Petitioner’s petition, which was interpreted as an implicit admission that the ‘ZEPTO’ mark was wrongfully maintained on the Trade Marks Register. The Court observed that the Respondent appeared to have registered the mark without any intent or action showing actual use, while the Petitioner had been actively using the ‘ZEPTO’ mark since 2021. The High Court also observed that the Petitioner continued to be aggrieved by the wrongful existence of the identical mark since the Respondent had opposed the Petitioner’s trademark application in Class 35 but again, there was no use found to substantiate the Respondent’s opposition.

Accordingly, by exercising its powers under Section 47(1)(b) of the Trade Marks Act, 1999, the High Court allowed the present petition and directed removal of the Respondent’s identical mark from the Trade Marks Register.