Non-Use: Court Orders Removal of ‘F1’ Trademark Registered under Class 36

In a decision dated April 15, 2025, the Delhi High Court directed the removal of the ‘F1’ trademark bearing no. 1988403 in class 36 in respect of services relating to insurance, financial affairs, etc., on the ground of non-use.[1]

The said trademark was registered w.e.f. July 2010 on a ‘proposed to be used’ basis in class 36 in relation to financial services. Over a decade later, in early 2021, a money management solution, Epifi Technologies Private Limited (Epifi), adopted the mark ‘FI MONEY.’ Later that year, it filed a trademark application for the registration of the mark and its variants in class 36. However, that was opposed by respondent no. 1, Formula One Licensing BV, relying on its registered trademark as a prior mark.

This led to the filing of the present rectification petition by Epifi under the provisions of the Trade Marks Act, 1999. Though the parties attempted to negotiate and the opposition to Epifi’s trademark application was subsequently withdrawn, the settlement talks fell through.

The decision of the court is summarised below:

• In the absence of a specific denial, the allegations of non-use were deemed admitted.
• In view of the continuous and extensive use of the ‘FI MONEY’ marks by Epifi since February 2021, and the goodwill it acquired following widespread advertisement and promotion, the Court held that Epifi was aggrieved by the continued subsistence of the impugned mark on the Register.
• The absence of bona fide intention (as reflected by the failure to obtain necessary approvals or registration under Indian laws in respect of financial services), coupled with non-use for a continuous period of over five years, rendered the impugned mark liable to removal from the Register under Section 47(1)(a) and Section 47(1)(b) of the Act.

Consequently, the court allowed the petition and directed the Trade Marks Registry to remove the ‘F1’ mark bearing no. 1988403 in class 36 from the Register of Trade Marks.

This decision, however, will not affect Formula One Licensing BV’s trademarks in any other classes.

While the original Grand Prix failed in India, GIFT City last year aspired to revive the racing legacy with a proposed F1 track— plans that, for now, remain in limbo.

[1] Epifi Technologies Private Limited v. Formula One Licensing BV & Anr. [CO (COMM.IPD-TM) 20/2024].