New Balance Athletics Inc v. Findsatoshi Lab Limited And Another

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.O. (COMM.IPD-TM) 229/2025 & I.A. 23994/2025 NEW BALANCE ATHLETICS INC .....Petitioner Through:

Ms. Anuja Chaudhury and Ms.

Vanshika Bansal, Advocates.

versus FINDSATOSHI LAB LIMITED AND ANOTHER .....Respondent Through:

Mr. N. Mahabir, Mr. P. C. Arya, Ms.

Vijay Laxmi and Mr. Udit Gupta, Advocates for R-1.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 12.03.2026 1.

This petition is filed on behalf of the Petitioner under Section 57 of the Trade Marks Act, 1999 ('1999 Act') seeking cancellation of Registration No. 5402527 in Class 25 in respect of device mark registered in favour of Respondent No. 1 and remove entry relating thereto from the Register of Trade Marks.

2.

On 23.02.2026, learned counsel for the Petitioner had referred to an email dated 26.11.2025 received from FSL IP PTE Limited, giving its no objection to cancellation of the impugned mark. Respondent No. 1 had sought time to revert with instructions and file affidavit in this regard. 3.

Affidavit has been filed by the Authorized Signatory of Respondent No. 1, wherein it is stated that in order to avoid incurring costs, it does not C.O. (COMM.IPD-TM) 229/2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/03/2026 at 15:12:12

wish to maintain the registered trade mark bearing Registration No. 5402527 in Class 25 in respect of device mark registered in favour of Respondent No. 1. It is further stated that without admitting any of the averments made in the rectification petition, Respondent No.1 does not wish to contest the petition and accordingly the registered trademark be removed from the Trade Mark Register and the Register be rectified. 4.

In light of the affidavit filed on behalf of Respondent No.1, this petition is allowed, directing the Registrar of Trade Marks to remove the impugned trademark , registered under No. 5402527 in Class 25 and Register be rectified accordingly, to maintain its purity. Let the needful be done within a period of four weeks from today. 5.

Petition along with pending application stand disposed of in the aforesaid terms.

JYOTI SINGH, J MARCH 12, 2026/YA/AK C.O. (COMM.IPD-TM) 229/2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/03/2026 at 15:12:12