Delhi High Court Temporarily Restrains Home Of Diagnostics From Using 'HOD' Trademark In House Of Diagnostics Suit

The Delhi High Court has granted an ex-parte ad-interim injunction in favour of House of Diagnostics LLP and its sister concerns, restraining Home of Diagnostics Limited from using the marks “HOD”, “HOD DIAGNOSTICS”, “HOME OF DIAGNOSTICS” or any other mark identical or deceptively similar to the plaintiffs' registered trademarks.

On April 21, 2026, Justice Tushar Rao Gedela held that the deceptive similarities between the rival marks were “more than apparent”.

The court observed that the style and manner of the defendant's branding is likely to confuse or deceive an ordinary consumer of average intelligence and imperfect recollection into believing an association with the plaintiffs, particularly as both parties provide the same diagnostic services.

House of Diagnostics approached the Court, claiming that it had come across listings of the defendant's diagnostic centre under the impugned marks on IndiaMart in Meerut and on social media platforms and further claimed that the defendant operates from Hari Nagar in Delhi.

The plaintiffs submitted that they had honestly and bona fide conceived and adopted the trademark HOUSE OF DIAGNOSTICS/HOD in 2008 and adopted “H.O.D.” as part of their corporate name in 2013. They stated that they are a well-established diagnostics provider offering services such as MRI, CT scans and pathology, with sales figures placed on record indicating nearly ₹189 crore for 2024–25.

They argued that their trademarks have acquired distinctiveness through continuous and extensive use, supported by multiple registrations and prior recognition by courts.

The court noted that the defendant company, incorporated in 2019, claims to provide similar diagnostic and pathology services under the impugned marks.

The plaintiffs further pointed out that a trademark application filed by the defendant's director for “HOME OF DIAGNOSTICS” was refused by the Trade Marks Registry on March 8, 2024, on the ground of likelihood of confusion with the plaintiffs' prior registered mark.

They also stated that despite issuance of a legal notice dated March 18, 2025, the defendant failed to respond.

Recording its prima facie findings, the court observed, “The mark 'HOD' of the defendant is identical with the registered mark 'H.O.D' of the plaintiffs, except the mark of the defendant does not have the dots between the three letters. Even the underlying superscript 'Home of Diagnostics' of the defendant is deceptively similar to 'House of Diagnostics' of the plaintiff.”

Holding that the plaintiffs had established a prima facie case, balance of convenience, and likelihood of irreparable harm, the Court restrained the defendant and its associates from using the impugned marks or any deceptively similar variants in relation to identical or allied services.

The court also directed the defendant to immediately remove all listings under the impugned marks from websites and social media platforms, including IndiaMart, Instagram, and diagnosticcentres.in.

The matter is now listed before the Joint Registrar on July 20, 2026 for completion of service and pleadings and before the Court on September 28, 2026.