The Delhi High Court has directed that three trademarks containing the word “Elante” be removed from the Register of Trade Marks, ruling that the registrations obtained by Elante Residencies Limited must be struck off in favour of a prior user and proprietor of the mark, CSJ Infrastructure Private Limited. The trademarks ordered to be removed included “Elante Residencies,” “Elante Group,” and a device mark incorporating the word “Elante.” The decision was delivered by Justice Tejas Karia in a judgment dated November 27, 2025, in rectification petitions filed by CSJ Infrastructure under the Trade Marks Act.
CSJ Infrastructure, based in Chandigarh, asserted that it was the first adopter and continuous user of the “Elante” mark, having begun use in 2011 in connection with real estate services, shopping malls and office complexes. The company pointed to its prominent commercial complex in Chandigarh — including Elante Mall and Elante Office Suites — which had become well known in the region under the “Elante” brand and had generated substantial goodwill. CSJ Infrastructure further held its own registrations for its “Elante” trademarks prior to the marks sought by Elante Residencies.
The dispute arose when CSJ Infrastructure learned in August 2024 that Elante Residencies was using the “Elante” prefix in relation to its real estate development services and promoting those marks on social media. CSJ Infrastructure issued a legal notice demanding that Elante Residencies cease use of the marks, but this demand was refused on the ground that CSJ Infrastructure allegedly operated only in the retail space. An attempt at pre-litigation mediation was unsuccessful, and CSJ Infrastructure then filed rectification petitions in 2025 seeking removal of the later registrations. Elante Residencies was served notice but neither appeared nor filed a reply, resulting in the matter proceeding ex parte before the Court.
The High Court examined the unchallenged averments in the petitions, which the Court treated as admitted due to the lack of response from Elante Residencies. It found that CSJ Infrastructure’s continuous use of “Elante” since 2011 had generated significant goodwill and that the word “Elante” formed the dominant and essential feature of both its own registered marks and the disputed marks registered by Elante Residencies. The court noted that the registrations relied upon by Elante Residencies were obtained on a “proposed to be used” basis in 2019 and 2020 — long after CSJ Infrastructure had established its rights in the mark. Moreover, those registrations covered services identical to those offered by CSJ Infrastructure, including construction and real estate development services.
In applying the legal principles governing trademark rights, the Court referred to established law on prior user rights. It reiterated that where a party has established prior adoption and use of a mark that has acquired reputation and goodwill, those rights can prevail over later trademark registrations. These rights extend even in the face of later registrations obtained by other entities. The Court further observed that the identity of the competing marks, the similarity of services, the likelihood of confusion among the public, and the lack of bona fide adoption or genuine use by Elante Residencies all weighed in favour of rectification.
Accordingly, the High Court allowed the rectification petitions filed by CSJ Infrastructure and directed the Registrar of Trade Marks to remove all three impugned marks from the trademark register. This order vindicated the prior rights of CSJ Infrastructure in the “Elante” mark and prevented the continued registration and use of confusingly similar marks by Elante Residencies in the same domain of services.
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