Delhi High Court Dismisses China Company's Plea To Remove “LARK” Trademark Of Indian Company From Registry

In a judgment dated December 24, 2025, Justice Tejas Karia held that the Indian company had shown genuine use of the mark and that its registration was not based on any false claim of use.

Hubei Ji Su Kan Dian Technology told the court that it provides collaborative software solutions under the name “LARK.” It sought rectification of Lark Engineering's trademark, arguing that the Indian company was primarily engaged in poultry and cattle feed machinery and had no real use of the mark for software-related services. The Chinese company also claimed that Lark Engineering had wrongly stated that it had been using the mark since 1994.

Lark Engineering, however, said it has used “LARK” as its house mark since its incorporation in 1994. It explained that apart from manufacturing poultry and cattle feed machinery, its business includes research and development activities linked to that machinery.

According to the company, this also involves developing and supplying computer hardware and software components such as automation systems, desktops, UPS systems and related software, which are used along with its machines.

After examining invoices, promotional material and other documents, the court found that Lark Engineering does supply computer hardware and software as part of its machinery systems. It noted that these software and hardware services are provided together with the machinery and are sold through the same trade channels.

The court referred to the proviso to Section 47(1) of the Trade Marks Act, which allows a trademark to be retained if the owner shows bona fide use either for the registered goods or services or for “goods or services of the same description.”

Applying this, the court held that even if Lark Engineering's main business is cattle feed machinery, the related software and hardware services fall within services of the same description. On this ground alone, the trademark could not be removed for non-use.

The court also rejected the allegation that the registration was based on a false claim of use from 1994. It observed that while documentary proof showed use of software-related services at least from 2016, the mark “LARK” itself had been used continuously as a house mark since 1994. It also noted that Hubei Ji Su Kan Dian Technology's own trademark application for software services was filed only in 2018 and on a proposed-to-be-used basis.

Holding that Lark Engineering was the prior user and registered proprietor of the “LARK” mark for said services, the court found no mala fide adoption or false user claim. It concluded that the trademark registration had been validly obtained and continuously used.

Accordingly, It dismissed the rectification plea and declined to remove Lark Engineering's trademark registration over “LARK” in relation to software and technology-related services.

Case Title: Hubei Ji Su Kan Dian Technology Co. Ltd. v Lark Engineering Company (India) Pvt. Ltd. And Anr.

Case Number: C.O. (COMM.IPD-TM) 119/2021

For Petitioner: Advocates Dheeraj Kapoor, Gautam Kumar, Manisha Singh, Abhai Pandey, Anju Agrawal, Swati Mittal, Nishant Rai, Manish Aryan, Shivani Singh and Akhya Anand

For Respondent: Advocate Manish Dhir

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