Bombay High Court Restrains Surat Company From Using German Entity's 'PETROFER' Mark

The Bombay High Court has granted an interim injunction in favour of German lubricant manufacturer Petrofer Chemie H.R. Fischer GmbH & Co. and its Indian licensee Hardcastle Petrofer Private Limited, restraining United Petrofer Limited, a Surat-based company, from using the mark 'PETROFER'. A single bench of Justice Arif S Doctor passed the order on November 6, 2025, while deciding an interim plea in a trademark infringement and passing-off suit concerning the registered mark 'PETROFER'. Petrofer Chemie, incorporated in Germany in 1948, has used the mark 'PETROFER' globally for industrial lubricants, oils, and chemicals. The mark has been registered in India since 1997 across multiple classes. In India, Petrofer operates through Hardcastle Petrofer Pvt. Ltd., which has held an exclusive licence to use the mark since 2005 and is a registered user. The dispute arose when Petrofer Chemie discovered that United Petrofer Limited, incorporated in 2016, was using the word 'PETROFER' in its corporate and domain name. Petrofer alleged that this use was identical and deceptively similar to its registered and well-known trademark. In September 2019, the Regional Director of the Ministry of Corporate Affairs had directed United Petrofer to change its corporate name, but the company continued to use the mark despite the order and dismissal of its rectification applications.Petrofer argued that 'PETROFER' is a coined term forming a core part of its global brand identity, and that United Petrofer's use was dishonest and likely to mislead consumers, particularly since both companies operate in the industrial chemicals and lubricants sector. United Petrofer countered that its products that is base oils and additives, were distinct from Petrofer's lubricants, that the mark was used only as part of its corporate name, and that Petrofer had acquiesced due to prior business dealings.The Court found that United Petrofer was using the registered trademark 'PETROFER' as part of its business name and in trade for goods covered by Petrofer's registration. It rejected the claim that the goods were different.It rejected the argument that United Petrofer's products were different while noting that both companies dealt in industrial chemicals, lubricants and related materials. “The infringement therefore arises from the use of the registered trade mark both as part of a trade or business name and in the course of trade in respect of the same goods.”, the court said.Noting United Petrofer's failure to comply with the 2019 directive and its continued use of the mark, the Court held that the adoption was not bona fide and that a plea of acquiescence could not apply “Hence, prima facie, the Defendant's adoption of 'PETROFER' being dishonest, a plea of equity will not assist the Defendant.”, it said. Consequently, the court restrained United Petrofer Limited from using the mark 'PETROFER' as part of its corporate name, trademark or domain name and from using any other name or mark deceptively similar to Petrofer's registered trademark. Case Title: Petrofer Chemie H.R. Fischer GMBH & Co. v. United Petrofer Limited Case Number: IA 2143/2021 IN COMMERCIAL IP SUIT NO. 275 OF 2021 For the Plaintiff: Senior Advocate Veerendra Tulzapurkar along with Advocates Ashutosh Kane, Amruta Thakur, Archita Gharat instructed by W S Kane & Co. For the Defendant: Advocates Amit Padwal along with Advocates Afrin Dalal, Aafreen Bano instructed by Advocate Bahraiz IraniClick Here To Read/Download The Order

Bombay High Court Restrains Surat Company From Using German Entity's 'PETROFER' Mark

Ayushi Shukla

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