Can a company legally hijack your registered trademark, use it as their official corporate name, and then claim immunity from infringement just because the government approved their company registration?
In a decisive February 2026 ruling, the Supreme Court of India slammed the door on this exact legal loophole in the highly publicized G4S trademark infringement dispute.
The Setup: The plaintiff, a well-known entity holding the registered trademark "G4S", discovered that a competitor had started operating under the confusingly similar name "4GS." Worse, the competitor was using this mark to offer the exact same services to the exact same target demographic. The plaintiff filed a suit for trademark infringement and passing off at the Delhi High Court.
The Defendant's Gambit: The defendant deployed a classic, yet legally flawed, shield: The Ministry of Corporate Affairs (MCA) / Registrar of Companies (ROC) approved our corporate name, therefore we have the statutory right to use it.
The Court’s Takedown: The Delhi High Court's Single Judge granted an immediate interim injunction against the defendant, a decision that the defendant eventually appealed all the way to the Supreme Court. The apex court dismissed the Special Leave Petition (SLP) on its merits, reinforcing a critical pillar of Indian IP law.
The courts relied heavily on Section 29(5) of the Trade Marks Act, 1999, which explicitly states that using a registered trademark as part of a trade name or business name constitutes infringement. The judiciary made it crystal clear: ROC approval of a corporate name is merely an administrative green light; it provides exactly zero immunity against trademark infringement claims.
The "Triple Identity" Test: What made this case a slam dunk for the plaintiff was the application of the strict "triple identity" test. Indian courts show no mercy when they find:
- Identity/Similarity of Marks (G4S vs. 4GS)
- Identity of Services (Operating in the same commercial sector)
- Identity of Trade Channels (Targeting the exact same consumers)
When all three identities align, the likelihood of consumer confusion is undeniable, rendering administrative defenses like ROC approval completely irrelevant.
Prathiba M. Singh
Legal Era
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