The legal landscape surrounding trademark disputes often hinges on meticulous
pleadings and the clarity of assertions made by parties involved. A recent case
before the Hon'ble High Court of Gujarat has brought to light the intricate
question of whether a party is entitled to modify the claimed trademark user
through an amendment.
The Plaintiff in this case contended the use of the trademark "GLOBELA" since
2006 and asserted prior usage rights. The Defendant, without specific denial,
also asserted the use of its trademark from the same year. However, a pivotal
development occurred when the Defendant sought to amend its claimed user from
2006 to 2005 via a written statement.
Trial Court's Decision:
The Trial Court, in its order, allowed the Defendant's application for
amendment, justifying it by stating that the amendment merely sought to specify
the exact date of user. According to the Trial Court, this adjustment did not
alter the substantive nature of the case.
High Court's Intervention:
Challenging the Trial Court's decision, the case was brought before the Hon'ble
High Court of Gujarat. The High Court, in its wisdom, set aside the Trial
Court's order, citing critical reasons for doing so.
High Court's Reasoning:
The High Court's foremost observation was rooted in the consistency of the
Plaintiff's claim of using the trademark since 2006. The Defendant's initial
response had aligned with this timeline. However, the sought amendment
introduced a fundamental shift, alleging the user since 2005. The High Court
deemed this as tantamount to presenting an entirely new case.
Significance of the Amendment:
Crucially, the High Court emphasized that the amendment wasn't a mere
clarification or specification of details; rather, it sought to predate the
Defendant's claimed user. This temporal adjustment, according to the High Court,
altered the substance of the Defendant's case significantly.
The High Court's decision was also influenced by the broader context of the
dispute. The Court considered the Plaintiff's assertion that the Defendant had
been in their employment, mirroring the Plaintiff's narrative. The proposed
amendment, viewed in this context, was seen as a not just a change in stance but
the introduction of a new case that went beyond the scope of a permissible
The Concluding Note:
This case underscores the nuanced nature of amendments in trademark disputes.
While amendments are generally permitted to refine details, introducing a
substantially different case, especially in light of the overall context, may
face judicial scrutiny. The decision by the Hon'ble High Court of Gujarat serves
as a noteworthy precedent, emphasizing the importance of consistency and the
potential consequences of amendments that alter the core fabric of a party's
The Case Law Discussed:
Case Title: Globela Pharma Private Limited Vs Jigar Thakar
Date of Judgement/Order:09/11/2023
Case No. R/SPECIAL CIVIL APPLICATION NO. 6595 of 2023
Neutral Citation No: N A
Name of Hon'ble Court: Gujarat High Court
Name of Hon'ble Judge: N.V.Anjaria and.Nisha M Thokore , HJ
Information and discussion contained herein is being shared in the public
Interest. The same should not be treated as substitute for expert advice as it
is subject to my subjectivity and may contain human errors in perception,
interpretation and presentation of the fact and issue involved herein.
Written By: Advocate Ajay Amitabh Suman
, IP Adjutor - Patent and
Email: [email protected]
, Ph no: 9990389539