The Delhi High Court has set aside an order of the Registrar of Trade Marks that rejected Columbia Pictures Industries Inc.'s opposition to the registration of the trademark "GHOST BUSTER" for pharmaceutical products. The Court held that the Registrar failed to examine a key legal issue whether the GHOSTBUSTERS trademark deserved protection as a well-known trademark under the Trade Marks Act, 1999.
Background of the Case
Columbia Pictures Industries Inc., the studio behind the globally popular Ghostbusters film franchise, challenged the registration of the mark "GHOST BUSTER" in Class 5 for pharmaceutical, veterinary and sanitary products.
The company argued that GHOSTBUSTERS has been used for decades, enjoys worldwide recognition, and has acquired significant goodwill in India through films, merchandise, streaming platforms and trademark registrations. It also contended that the competing mark was nearly identical and had been adopted in bad faith.
The Registrar of Trade Marks had dismissed the opposition in April 2025, reasoning that Columbia Pictures did not hold a trademark registration in Class 5 and that the goods involved belonged to different commercial fields.
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Court's Observations
Justice Jyoti Singh found that the Registrar's approach was legally flawed because it focused only on the difference in the classes of goods without deciding whether GHOSTBUSTERS qualified for protection as a well-known trademark under Section 11(2) of the Trade Marks Act.
The Court observed:
"There is absolutely no adjudication on the submission that Appellant's mark GHOSTBUSTERS is an earlier well-known trade mark under Section 11(2)."
Rejecting the Registrar's stand that a trademark must first be formally declared as "well-known" before claiming protection under Section 11(2), the Court clarified that the law does not impose such a condition.
The bench observed:
"There is no statutory prescription under Section 11(2) that the proprietor of an earlier mark must first obtain a declaration of 'well-known trademark' status before invoking the provision in opposition proceedings."
Justice Singh explained that the Registrar must independently examine whether a trademark satisfies the legal requirements of being a well-known mark based on the evidence produced during opposition proceedings.
Issue of Alleged Bad Faith
The High Court also noted that Columbia Pictures had specifically alleged that the competing trademark had been adopted in bad faith. It relied on previous proceedings before the United States Patent and Trademark Office involving a related entity and argued that the applicant was already aware of the GHOSTBUSTERS brand.
The Court found that the Registrar had failed to examine these allegations altogether, despite detailed submissions and supporting documents placed on record.
Court's Decision
Allowing the appeal, the Delhi High Court quashed the Registrar's order dated 16 April 2025 and remanded the matter for fresh consideration.
The Court directed the Registrar of Trade Marks to reconsider all the issues raised by the parties, particularly the claim that GHOSTBUSTERS is entitled to protection as a well-known trademark and the allegation of bad-faith adoption.
A fresh decision has been directed to be taken within three months after granting both sides an opportunity of hearing.
The Court clarified that it had not expressed any opinion on the merits of the trademark dispute.
Case Details
Case Title: Columbia Pictures Industries, Inc. v. Registrar of Trade Marks & Anr.
Case Number: C.A.(COMM.IPD-TM) 44/2025
Judge: Justice Jyoti Singh
Decision Date: 6 July 2026
