Inc42 Report It has been reported that in the judgment, the Delhi High Court said that Zepto has been using this trademark continuously and on a large scale since July 2021 and has made a strong identity of its brand. On the other hand, Arshad did not use it commercially even after eight years of registration. Justice Amit Bansal said in his statement, “Respondence No. 1 (Arshad) showed no real intention to use this trademark for registered service. Despite being recorded for more than eight years in the trademark register, he did not use it for class 35 services.”
Mohammad Arshad had registered Zepto under trademark class 9 and 35, including services such as smartphone distribution, mobile accessories, computer software and telephone instruments. Arshad claimed that he has been using it since 1 April 2011. However, Zepto alleged that Arshad protested only to delay trademark registration and harass the company. The startup also allegedly claimed that Arshad’s Settlement offer made in July 2024 was actually a forced recovery attempt, which he had introduced as a cordial solution.
The report further states that Arshad neither responded to Zepto’s petition, nor appeared in the court, which was accepted by Kiranakart’s petition without any opposition. The court, citing Section 47 (1) (b) of the Indian Trademark Act, clarified that if a trademark is not used for five consecutive years and remains inactive for three months before filing a petition against it, it can be removed. After this decision, Zepto has received complete control over its brand name in India.
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