17 April 2024

Decades Of Dispute:M/s PM Diesels P Ltd v M/s Thukral Mechanical Works- Court Pronounces Verdict On Historic Trademark Case

Accures Legal


ACURES LEGAL is an intellectual property, corporate and commercial practice. The firm is established by a group of IP professionals and corporate lawyers with an average experience of over a decade. We assist clients in all fields of intellectual property including patents, trademarks, copyright, designs, plant variety protection, geographical indications – from its development to its monetization. We have rich experience in providing corporate and commercial advisory on commercial contracts, corporate transactional matters, in-bound investments, incorporation of companies, their maintenance and statutory compliances and mergers and acquisition.
In a significant legal showdown that spanned over four decades, the Delhi High Court recently reached a landmark decision concerning the trademark "FIELDMARSHAL".
India Media, Telecoms, IT, Entertainment
To print this article, all you need is to be registered or login on

In a significant legal showdown that spanned over four decades, the Delhi High Court recently reached a landmark decision concerning the trademark "FIELDMARSHAL". The case, initially filed in 1985 as CS (OS) 2408/1985 and CS(COMM) 473/2016, revolved around the alleged infringement of the trademark by Thukral Mechanical Works.

The dispute dates back to the registration of the mark 'FIELDMARSHAL' in 1965 under registration number 228867, initially held by Mr. Pooran Chand Jain and Mr. Kailash Chand Jain of M/s. Jain Industries. Subsequently, the mark was assigned to Thukral Mechanical Works. P.M. Diesels Pvt. Ltd., claiming to be the prior user of the mark in relation to diesel oil engines and various pumps since August 1965, contested the registration and usage of the mark by Thukral Mechanical Works.

Over the years, the case underwent numerous legal twists and turns, including stays, transfers between courts, and appeals. The cancellation petition filed by P.M. Diesels sought rectification of the 'FIELDMARSHAL' mark registered in the name of Thukral Mechanical Works, primarily on grounds of non-use and the absence of genuine intent to use the mark for specified products.

After a prolonged legal battle, Justice Prathiba M Singh decreed in favor of P.M. Diesels, asserting its prior usage rights over the trademark 'FIELDMARSHAL'. The court held that P.M. Diesels had been using the mark since the 1960s for various products, including diesel oil engines and pumps, establishing its prior claim to the mark.

Furthermore, the Delhi High Court canceled the registration of the mark in favor of Thukral Mechanical Works, ruling that it should be removed from the Trademarks Register. The court also directed that trademark applications filed by P.M. Diesels for registration of the mark in different languages should proceed for registration.

Justice Singh's decision marked the culmination of a protracted legal battle, during which substantial costs were incurred by P.M. Diesels to safeguard its trademark rights and defend against Thukral Mechanical Works' claims. The court noted the extensive financial burden borne by P.M. Diesels and the significant allocation of judicial resources to resolve the complex issues between the parties.

By affirming P.M. Diesels' prior usage rights over the trademark 'FIELDMARSHAL' and ordering the cancellation of Thukral Mechanical Works' registration, the court has not only vindicated the principles of trademark law and safeguarded the interests of rightful proprietors but also give hope for businesses seeking redressal for infringement and unfair competition.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More