Madras High Court Orders Removal Of Wipro's 'PREMIO' Trademark On Crompton Greaves Plea

The Madras High Court has ordered the removal of the “PREMIO” trademark registered in favour of Wipro Enterprises Private Limited. The Court found that the mark had not been put to genuine commercial use for more than five years. Justice N Senthilkumar passed the order on December 16, 2025. He allowed a rectification plea filed by Crompton Greaves Consumer Electricals Limited, a Mumbai-based consumer electricals manufacturer.The court held that the disputed mark was liable to be removed from the Register of Trademarks. It observed that “the petitioner has made out a case that after registering their trademark, the 1st respondent has not done anything to carry out the trade by using the trademark for a period of more than five years.”Crompton Greaves told the court that it sells fans, lighting products, and appliances across India. In 2020, it decided to launch ceiling fans under the brand name “PREMION.” It applied for trademark registration. During the process, it discovered that Wipro held an earlier registration for the mark “PREMIO.” The registration was in Class 11 for lighting products. It was cited as an obstacle to Crompton's application. Crompton Greaves said Wipro obtained registration for “PREMIO” in 2013. The claim of use dated back to 2011. However, the mark was never used in the market. The company relied on affidavits from electrical goods dealers across the country. The dealers stated that no products bearing the “PREMIO” mark were available for sale. Crompton argued that the registration had remained unused for over five years and was therefore liable to be removed. Wipro Enterprises opposed the plea. It said it was the registered owner of the “PREMIO” mark. It argued that Crompton adopted a similar mark with knowledge of the existing registration. Wipro contended that non-use alone was not sufficient to cancel a trademark. It said Crompton should not benefit from adopting a similar mark. The court rejected the defence. It found that Wipro had placed no material on record to show actual commercial use of the “PREMIO” mark after registration. The court noted that Wipro had produced no sales figures. It had placed no advertisements or product samples on record. It also observed that Wipro had not taken any steps to restrain Crompton's use of the “PREMION” mark. In these circumstances, the court held that the evidence clearly established continuous non-use of the trademark for more than five years. There was no bona fide intention to use the mark. The court ruled that the registration was liable to be removed under Section 47 of the Trade Marks Act. It directed the Trade Marks Registry to remove the “PREMIO” trademark from the register.Case Title: Crompton Greaves Consumer Electricals Limited v. Wipro Enterprises Private Limited & Anr.Citation: 2026 LiveLaw (Mad) 20Citation: 2026 LLBiz HC (MAD) 10Case Number: (T)OP(TM) No. 411 of 2023For Petitioner: Advocate Hemant DaswaniFor Respondent: Advocate Gladys DanielClick Here To Read/Download Order

Madras High Court Orders Removal Of Wipro's 'PREMIO' Trademark On Crompton Greaves Plea

Ayushi Shukla

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