Court finds deceptive similarity with Punjab FC's trademarks and non-use by the apparel company.
In a significant judgment delivered by the Delhi High Court on December 11, 2025, the trademark registration of 'PFC' held by Posshusa Apparels India Private Limited was cancelled. The court ruled in favor of Punjab FC Private Limited, the petitioner, citing deceptive similarity with its registered trademarks and non-use by the respondent.
Punjab FC, an established entity in Indian football, had filed a petition seeking rectification and removal of the trademark 'PFC' under application number 4611789 in class 25, registered by Posshusa Apparels. The petitioner argued that the impugned mark was phonetically and visually similar to its own trademarks, including 'Punjab FC' and 'PFC,' which had garnered substantial goodwill and association nationwide due to its consistent use and promotion.
Justice Ms. Manmeet Pritam Singh Arora, presiding over the case, noted that Posshusa Apparels had registered the trademark on a proposed-to-be-used basis but had not utilized the mark since its registration, thus violating provisions under the Trademarks Act, 1999. The court emphasized the concept of "non-use," stating that when such an allegation is made and not specifically denied, it amounts to an admission.
The judgment referenced the precedent set by a previous case involving the same parties, where an identical trademark in class 18 was also cancelled. The court underscored the dishonest adoption of the mark by Posshusa Apparels to capitalize on the goodwill associated with Punjab FC. This was evident from the inclusion of football-related imagery in the impugned mark, which was likely to cause confusion among consumers and dilute the brand identity of Punjab FC.
The court ordered the Registrar of Trademarks to carry out necessary rectifications and issue appropriate notifications regarding the cancellation. The decision was delivered ex-parte, with Posshusa Apparels failing to contest the petition despite multiple opportunities.
The ruling reinforces the protection of trademark rights against deceptive similarities and underscores the importance of genuine use in maintaining trademark registrations. This judgment is expected to have significant implications for trademark disputes, particularly in the sports and apparel industries.
Bottom Line:
Trademark Law - Registration of trademark can be cancelled on grounds of deceptive similarity and non-use.
Statutory provision(s): Trademarks Act, 1999, Sections 47(1), 57
