Merely Including A Mark in a Trading Name Does Not Confirm Trademark Protection: Delhi High Court

The Delhi High Court has clarified that merely including a mark in a trading name does not automatically confer trademark protection.

The court stated that for a mark to be protectable, it must be used in a manner that identifies the source of goods and distinguishes them in the market, commonly known as “use in the trademark sense.”

The Court emphasized that internal use or licensing does not establish trademark rights. Actual market-facing activity is essential.

Rejecting a firm’s claim of prior use based solely on a manufacturing license, the Court held that enforceable rights arise only through public, commercial use supported by goodwill and consumer recognition.