Delhi High Court Orders Removal Of 'Goldi' Mark For Infringing Shubham Goldiee Masale's Trademark

The Delhi High Court has ordered the cancellation and removal of the trademark “GOLDI” (label) from the Register of Trade Marks in petitions filed by Shubham Goldiee Masale Pvt. Ltd.

In a judgment delivered on April 8, 2026, Justice Tushar Rao Gedela held that the GOLDI mark was phonetically, visually, and structurally nearly identical to the registered “GOLDIEE” trademark.

The court observed that allowing two deceptively similar marks to coexist in the same trade channels for similar goods, including edible oils, foodstuffs, and related products, would likely lead to confusion among unwary consumers.

Shubham Goldiee Masale had filed rectification petitions against Jai Shiv Oil Industries (and its assignee) to seek the cancellation and removal of the trademark “GOLDI” from the Register of Trade Marks.

The spices manufacturer sought this relief on the grounds that it is the prior user and registrant of the mark “GOLDIEE” since 1980, and that the respondent's subsequent adoption of a phonetically and visually identical mark was dishonest and intended to ride on its commercial goodwill, as alleged.

They argued that the marks are so similar that the only difference is the removal of the letters “EE,” which does not diminish the likelihood of deception in the eyes of a consumer with an imperfect recollection.

The court noted that even though the respondent used the mark for "oil cake for animals" in Class 31, it was asserted that these products are sold in the same retail stores as the petitioner's food products, creating a false impression of a business association.

“Even otherwise the provisions of Section 47(1)(a) of the Act, in the absence of any opposition, as also in the absence of any evidence as to how and in what manner respondent no.1 adopted the mark “GOLDI” which was registered, support the contention that such adoption is without bonafide intention, and in the absence of any evidence on record to establish the use of the said mark three months before the date of application, require removal of such mark from the Register of Trade Marks. Similarly, the provisions of Section 9(2)(a) and Section 11(1)(a) and (b) of the Act, if applied to the aforesaid facts, would bar registration of the mark “GOLDI”,” the bench remarked.

Accordingly, the court directed the Registrar of Trade Marks to cancel and remove the entry for the trademark “GOLDI” (label) under Class 29 and Class 31.

The bench ordered that this direction be complied with within six weeks.