The case involves a dispute over the trademark "ALL FLEET" registered by Valvoline Licensing and Intellectual Property LLC. Savita Oil Technologies Limited filed a petition seeking cancellation of the trademark, arguing that it was descriptive and lacked distinctive character, making it unregistrable. The appellant contended that the mark was common to the trade of automobiles and contravened the Trade Marks Act. The lower court dismissed the rectification petition, leading to the current appeal.

Case Citation: Neutral Citation Number 2023:DHC:3352-DB
Court: High Court of Delhi at New Delhi
Date of Decision: May 11, 2023

Procedural History:
Ashland Inc. initially obtained registration of the trademark "VALVOLINE ALL-FLEET" in the United States. Ashland Licensing and Intellectual Property LLC later assigned the trademark "ALL FLEET" to Valvoline Licensing and Intellectual Property LLC. Savita Oil Technologies Limited filed a petition for cancellation of the trademark, which was dismissed by the lower court.

Issue Presented:
The specific legal issues addressed in the case are:

• Whether the trademark "ALL FLEET" lacked distinctive character and was unregistrable under Section 9(1)(b) of the Trade Marks Act.
• Whether the trademark "ALL FLEET" contravened Section 9(1)(c) of the Act by being common to the trade of automobiles and hindering other traders.

Rule of Law:
The relevant legal principles include:

• Section 9(1)(b) of the Trade Marks Act, which prohibits registration of marks lacking distinctive character.
• Section 9(1)(c) of the Act, which prohibits registration of marks that are common to the trade and would hinder other traders.

Analysis and Reasoning:
The court found that the trademark "ALL FLEET" did not directly relate to automobiles and was not descriptive of the product. The combination of words used in the mark did not designate the kind, quality, quantity, or other characteristics of automobiles. The court concluded that the mark was not common to the trade and did not contravene Section 9(1)(c) of the Act. Additionally, the previous registration of "VALVOLINE ALL-FLEET" with a disclaimer by Ashland Inc. did not impact the current registration held by Valvoline Licensing and Intellectual Property LLC.

Holding and Decision:
The court held that the trademark "ALL FLEET" had distinctive character and was not unregistrable under Section 9(1)(b) of the Trade Marks Act. The court dismissed the appeal, upholding the lower court's decision to reject the rectification petition.

Implications and Significance:
The court's decision establishes that the trademark "ALL FLEET" is valid and registrable. This ruling sets a precedent for future cases involving similar trademarks and provides clarity on the interpretation of the Trade Marks Act in relation to distinctive character and common trade usage.

Conclusion:
The High Court of Delhi dismissed the appeal and upheld the validity of the trademark "ALL FLEET." The court found that the mark had distinctive character and did not contravene the Trade Marks Act. This decision has significant implications for trademark registration and protection in the jurisdiction.