Court hears petition after sole opposition to the “MakeMyTrip” well-known mark application was withdrawn; asks Registrar of Trade Marks to respond within three weeks.
The Delhi High Court on September 21, 2026, issued notice in a petition filed by Makemytrip India Limited seeking a direction to the Registrar of Trade Marks to decide its pending application for declaration of the trademark “MakeMyTrip” as a well-known mark within a fixed time frame.
The petition was listed before Justice Vikas Mahajan, who noted that the petitioner had confined its relief to a prayer for time-bound disposal of its application under Rule 124 of the Trade Marks Rules, 2017. The application, bearing reference number 816498, had been filed on January 13, 2020.
According to the petitioner, the application was accepted for publication and later published in the Trade Marks Journal No. 2110 dated June 26, 2023, inviting objections under Rule 124(5). The only opposition, filed by Easy Trip Planners Ltd. on July 21, 2023, was subsequently withdrawn on April 8, 2025, following a settlement between the parties.
Senior counsel appearing for Makemytrip argued that once the sole opposition had been withdrawn and there was no other legal or procedural hurdle, the Registrar ought to have taken a final decision on the well-known mark application. The petitioner also contended that the application had remained pending for nearly six years without justification.
After hearing the submission, the Court issued notice to the respondent. The Central Government Standing Counsel present in Court was asked to accept notice and seek instructions. The Court granted three weeks’ time to the respondent to file a counter affidavit, if any, and permitted the petitioner to file a rejoinder before the next hearing.
The matter has been listed for further hearing on November 3, 2026.
Bottom Line :
Trade Marks - Application for declaration of mark as well-known under Rule 124 of Trade Marks Rules, 2017 - Petitioner confined relief to direction for time-bound disposal of application - Where sole opposition stood withdrawn and application remained pending for six years, Court issued notice and granted time to respondent to seek instructions and file counter affidavit.
Statutory provision(s): Rule 124 of the Trade Marks Rules, 2017, Rule 124(5) of the Trade Marks Rules, 2017, Article 226 of the Constitution of India, 1950
Makemytrip India Limited v. Registrar of Trade Marks, (Delhi) : Law Finder Doc id # 2984471
