Delhi Court Lets Izuk Impex Challenge Validity of Health-Care Firm's '5 STAR' Trademark
Ayushi Shukla
1 Dec 2025 10:30 AM IST
A Delhi District Court has allowed Izuk Impex, a herbal hair product manufacturer to challenge the validity of the “5 STAR” trademark owned by Five Star Health Care LLP, saying objection appears prima facie tenable. District Judge Pritam Singh of the Saket Courts passed the order on November 7, 2025, in a trademark infringement case filed by Izuk Impex. The company has accused Five...
A Delhi District Court has allowed Izuk Impex, a herbal hair product manufacturer to challenge the validity of the “5 STAR” trademark owned by Five Star Health Care LLP, saying objection appears prima facie tenable.
District Judge Pritam Singh of the Saket Courts passed the order on November 7, 2025, in a trademark infringement case filed by Izuk Impex. The company has accused Five Star Health Care of copying its “Moon Star” trademark and related brand names.
Five Star Health Care, in its defence, said it is the registered owner of the “5 STAR” mark. Izuk Impex then disputed the legality of that registration and asked the court to formally frame an issue on whether the “5 STAR” trademark should be rectified or cancelled.
Five Star Health Care objected, arguing that Izuk Impex had previously filed cancellation pleas against the “5 STAR” mark but later withdrew them, which, it claimed, prevented the company from raising the same challenge again. It also said Izuk Impex had delayed taking any action for eight years.
The court rejected these arguments. It noted that the Delhi High Court had allowed Izuk Impex to withdraw its earlier cancellation petitions “without prejudice,” meaning the company was free to raise the issue again. It also held that Section 124 of the Trade Marks Act does not prescribe any limitation period for raising an invalidity issue in an infringement suit.
Since Five Star was relying on its registered ownership and Izuk Impex's challenge appeared prima facie credible under Section 124, the judge formally framed an issue on whether the “5 STAR” registrations should be cancelled.
The court then allowed the application and paused the case for three months so that Izuk Impex can approach the High Court to seek rectification of the trademark.
Case Title: Izuk Impex v. M/s Five Star Health Care LLP
Case Number: TM 1450/16
For Plaintiff: Advocate Arpit Singh
For Defendant: Advocate Mohona Sarkar
Click Here To Read/Download The Order