Delhi High Court Upholds Indian Firm’s ‘LARK’ Trademark Against Chinese Challenge
Chinese Software Company’s Rectification Plea Dismissed After Court Finds Genuine Use
Judgment Strengthens India’s Trademark Protection in Global Tech Disputes
By Our Legal Reporter
New Delhi: January 01, 2026:
In a significant ruling that underscores India’s growing emphasis on intellectual property rights (IPR), the Delhi High Court has dismissed a trademark rectification plea filed by Chinese software company Hubei Ji Su Kan Dian Technology Co. Ltd. The company sought removal of the “LARK” trademark registered by Lark Engineering Company (India) Pvt. Ltd., claiming that the Indian firm’s registration was invalid.
Justice Tejas Karia, in his judgment dated December 24, 2025, held that the Indian company had demonstrated genuine and continuous use of the mark in software and technology-related services. The ruling is seen as a major boost for Indian firms defending their intellectual property against global competitors.
Background of the Case
- The Chinese company argued that it provides collaborative software solutions under the name “LARK” and that the Indian firm’s trademark registration was misleading.
- The plea was filed under Sections 47 and 57 of the Trademarks Act, 1999, which allow rectification of trademarks if they are wrongly registered or not genuinely used.
- The Indian company countered by presenting evidence of continuous use of the mark in Class 42, covering software and technology services.
Court’s Findings
Justice Karia dismissed the petition, noting:
- The Indian company had substantiated its claim of genuine use.
- There was no merit in the allegation that the trademark registration was based on false claims.
- The mark had been continuously used, making rectification unjustified.
This ruling reinforces the principle that mere similarity of names is not enough to cancel a trademark if the registered owner can prove genuine use.
Impact of the Judgment
The decision has wide implications:
- Strengthens Indian IP protection: Indian firms can defend their trademarks against foreign challenges if they show genuine use.
- Encourages innovation: Companies are more likely to invest in branding when courts uphold their rights.
- Global precedent: The case highlights India’s judiciary as a strong defender of domestic intellectual property in disputes with international firms.
Industry Reactions
Legal experts welcomed the ruling:
- “This judgment shows that Indian courts will not allow foreign firms to undermine domestic trademarks without strong evidence,” said a senior IPR lawyer.
- Technology companies noted that the ruling provides clarity and confidence in protecting software-related trademarks.
Broader Context: Trademark Battles in India
India has seen several high-profile trademark disputes in recent years:
- PepsiCo vs. local farmers over potato varieties.
- Samsung vs. Chinese firms over smartphone branding.
- Zomato vs. smaller food startups over brand names.
The LARK case adds to this growing list, showing how global tech disputes are increasingly fought in Indian courts.
Conclusion
The Delhi High Court’s dismissal of the Chinese company’s plea marks a victory for Indian intellectual property rights. By upholding the “LARK” trademark, the court has sent a strong message: genuine use and continuous application of a mark will be protected, regardless of foreign challenges.
As India positions itself as a global technology hub, such rulings will play a crucial role in safeguarding domestic innovation and branding.
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