Reversing a 2023 Single Judge finding that Toyota had not proven Indian use or reputation in the mark ALPHARD predating Tech Square's 2015 'proposed to be used' registration, a Division Bench of the Delhi High Court has held that unsolicited grey-market imports, online listings and press coverage since 2008 were sufficient to establish trans-border reputation in India.
The Court declared ALPHARD a well-known trade mark and ordered cancellation of Tech Square's Indian registrations, holding that in luxury and niche markets it is brand visibility and global reputation, not mass local penetration through direct sales, that drive consumer recognition and association with the true proprietor.
Foreign brand owners without direct Indian sales now have a clearer, Delhi High Court-endorsed evidentiary path, grey-market presence, online visibility and press coverage, to establish trans-border reputation and defeat squatted registrations of niche or luxury marks in India.