Delhi High Court Cancels 'BLUE SPOT' Mark Of Local Spirits Company After Finding It Unused For Five Years

The Delhi High Court has ordered the removal of the trademark “BLUE SPOT” registered to Stardford Spirits Pvt. Ltd.,a local spirits company after finding that the alcohol brand had not been used for more than five years. In an order dated November 19, 2025, Justice Manmeet Pritam Singh Arora allowed a rectification petition filed by Irish Distillers International Limited, part of the Pernod Ricard Group, which manufactures and markets a wide range of “SPOT” whiskies, including BLUE SPOT, GREEN SPOT, YELLOW SPOT and RED SPOT. Irish Distillers told the court that it has used the “SPOT” family of marks since the early 1900s and that BLUE SPOT was reintroduced globally in 2020. The company also informed the court that its whiskies are available in India through third-party channels. The company discovered during trademark prosecution in 2023 that Stardford Spirits had obtained a registration for “BLUE SPOT” in 2019 while claiming use since November 2018. An independent investigator appointed in October 2024 found no trace of Stardford Spirits at publicly listed addresses, and market searches revealed that no products were being sold under the “BLUE SPOT” name. Irish Distillers then approached the court seeking cancellation of the mark. The court noted that Stardford Spirits was served but chose not to appear and was therefore proceeded ex parte in July 2025. In these circumstances, the court held that the allegations of non-use remained “unrebutted and are deemed to be admitted.”Referring to Section 47 of the Trade Marks Act, the court reiterated that a registered trademark can be removed if it has not been used for a continuous period of five years from the date of registration. The court also relied on earlier rulings such as Rong Thai International Group Co. Ltd. v. Ena Footwear Pvt. Ltd. and Dorco Co. Ltd. v. Durga Enterprises, which clarify that while the initial burden of proving non-use lies on the petitioner, the proprietor must specifically deny the allegation and prove genuine commercial use once non-use is pleaded. The rectification petition was filed in January 2025, more than five years after the 2019 registration. The court held that the unrebutted material, including the investigator's findings and the absence of any whiskey products in the market, established continuous non-use beyond the statutory threshold.Consequently, the court directed that the “BLUE SPOT” whiskey trademark registered in the name of Stardford Spirits be removed from the Register of Trade Marks. Case Title: Irish Distillers International Limited v. Stardford Spirits Pvt Ltd & Anr.Citation: 2025 LiveLaw (Del) 1618 Case Number: C.O.(COMM.IPD-TM) 77/2025 For Petitioner: Advocates Reha Mohan, Akanksha Majumdar and Sambhav Jain For Respondent: Advocate Nidhi Raman, CGSC with Advocates Om Ram, Arnav Mittal and Mayank SansanwalClick Here To Read/Download Order

Delhi High Court Cancels 'BLUE SPOT' Mark Of Local Spirits Company After Finding It Unused For Five Years

Ayushi Shukla

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