Madras High Court Refuses To Remove 'Ayyappan Brand' Trademark, Says Minor Variations In Mark Do Not Affect Identity

The Madras High Court has dismissed a plea filed by Sree Lakshmi Balaji Industries seeking removal of the trademark “Ayyappan Brand” owned by Sri Lakshmi Venkateswara Rice Industries from the Register of Trade Marks on the ground that the user date recorded for the mark was inconsistent and that the trademark owner had not used the mark in the form in which it was registered.

Justice Senthilkumar Ramamoorthy, in an order dated March 11, 2026, said the petitioner had not shown sufficient grounds to remove the trademark, either for non-use under Section 47 of the Trade Marks Act, 1999, or for rectification under Section 57, which allows the Court to correct or remove an entry from the register.

The court held that the discrepancy in the trademark's user date did not warrant removal of the mark and that variations in the mark as used did not substantially affect its identity so as to justify rectification under the Trade Marks Act, 1999.

The court observed:

“In these facts and circumstances, I conclude that the alleged contravention in relation to the registration does not constitute a valid reason to direct removal of the mark by exercising power under Section 57.”

The Court noted that although the user date mentioned in the trademark application was January 14, 1999, the Trade Marks Journal recorded the date as July 13, 1992, the absence of records showing amendment of the user date was not sufficient to conclude that the registration was obtained by misrepresentation or in violation of the statute.

The Court further noted that the trademark owner, Sri Lakshmi Venkateswara Rice Industries, had produced invoices issued between June 10, 1993 and October 3, 2015, which showed continuous and bona fide use of the mark.

The plea was filed during the pendency of an infringement suit instituted by Sri Lakshmi Venkateswara Rice Industries before the District Court, Bellary, in relation to rival marks used for rice and related products. Sree Lakshmi Balaji Industries sought removal of the trademark “Ayyappan Brand” registered for rice and related products, contending that the mark used on invoices differed from the registered mark.

They also contended that the user date mentioned in the application did not match the date published in the Trade Marks Journal, and that the respondent had failed to establish use of the mark as registered.

Opposing the plea, the respondent submitted that the mark had been used continuously since the early 1990s and that the variations in the depiction of Lord Ayyappa in the invoices did not change the essential identity of the registered trademark.

The court noted that the registered trademark comprised three components, namely a pictorial depiction of Lord Ayyappa, the trading name written in a ring around the device, and the words “Ayyappan Brand” placed below it. It found that the invoices produced by the respondent retained the identity of the registered mark.

Referring to Section 55 of the Trade Marks Act, the Court said that use of a mark with additions or minor alterations can still amount to use of the registered trademark, provided the changes do not substantially affect its identity.

The court observed:

“As discussed earlier, the earlier invoices contain a pictorial depiction of Lord Ayyappa, which does not tally with the pictorial depiction in the registered mark. They also contain the trading name of the first respondent. Such trading name is, however, not written within the ring surrounding the pictorial depiction of Lord Ayyappa, as is the case in the registered trademark. Nonetheless, it cannot be said that the alteration substantially affects the identity."

Holding that the evidence showed bona fide and continuous use of the mark and that the discrepancy in the user date did not justify removal of the registration, the court dismissed the plea.