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Delhi High Court - Orders
Safex Chemicals India Limited vs Safex Seed India Llp & Anr on 26 May, 2026
Author:
Tushar Rao Gedela
Bench:
Tushar Rao Gedela
$~30
              *         IN THE HIGH COURT OF DELHI AT NEW DELHI
              +         CS(COMM) 595/2026

SAFEX CHEMICALS INDIA LIMITED                .....Plaintiff
                                     Through: Mr. Vaibhav Vutts, Ms. Aamna Hasan,
                                               Ms. Anupriya Shyam, Mr. Aarya
                                               Deshmukh and Ms. Vaibavi SG,
                                               Advocates.
                                     versus

SAFEX SEED INDIA LLP & ANR.                                                               ....Defendants
                                      Through:

CORAM:
                        HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
                                                      ORDER
%                                       26.05.2026
              I.A. 15062/2026 (Additional Documents)
1.        The present application has been filed on behalf of the plaintiff under
              Order XI Rule 1(4)
of the Code of Civil Procedure
, 1908 (hereinafter referred
              to as '
CPC
') as applicable to commercial suits under the
Commercial Courts
              Act, 2015
(hereinafter referred to as '
CC Act
') seeking leave to place on
              record additional documents.
2.        The plaintiff is permitted to file additional documents in accordance
              with the provisions of the
CC Act
and the Delhi High Court (Original Side)
              Rules, 2018.
3.        Accordingly, the application stands disposed of.
              I.A. 15061/2026 (Pre-Institution Mediation)
4.        This is an application filed by the plaintiff seeking exemption from
              instituting pre-litigation Mediation under
Section 12A
of the CC Act.
5.        As the present matter contemplates urgent interim relief, in light of the
CS(COMM) 595/2026                                                                                    Page 1 of 12
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               judgment of the Supreme Court in
Yamini Manohar vs. T.K.D. Keerthi
:
(2024) 5 SCC 815, exemption from the requirement of pre-institution
              Mediation is granted.
6.        The application stands disposed of.
I.A. 15063/2026 (Exemption)
7.        This is an application filed on behalf of the plaintiff under
Section 151
of CPC seeking exemption from filing clearer copies of the dim/illegible
              documents at pages 48, 17, 1042, 1043, 919 and 920.
8.        Exemption allowed, subject to just exceptions. However, clearer copies
              of the dim/illegible documents with proper margins be filed within four weeks
              with an advance copy to the defendants.
9.        The application stands disposed of.
I.A. 15064/2026 (For urgent listing)
10.       This is an application filed on behalf of the plaintiff under
Section 151
of CPC seeking urgent listing.
11.       Since the matter is already listed today, the application has been
              rendered infructuous.
12.       The application stands disposed of being infructuous.
              I.A. 15060/2026 (Order XXXIX Rules 1 & 2,
CPC
)
13.       Present application has been filed on behalf of the plaintiff under Order
              XXXIX Rules 1 & 2
of CPC
, 1908 seeking ex-parte ad-interim injunction
              against the defendants.
14.       The plaintiff claims to have adopted and used the trademark and trade
              name "SAFEX" in relation to agro chemical products in the year 1991. The
              plaintiff claims that between the years 1992 and 2005, it established two
              manufacturing facilities. The domain name safexchemicals.com was
              registered in the year 2008. Vide the trademark application no.2200036, the
              plaintiff applied for registration for the label "SAFEX" in Class 5 on
CS(COMM) 595/2026                                                                                     Page 2 of 12
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               05.09.2011 claiming user since 01.08.2011. The plaintiff claims that it also
              obtained Copyright registration bearing no. A-102859/2013 for the artistic
              work in the logo/label "SAFEX".
15.       The plaintiff claims to be a leading agrochemical multinational
              company having operations in India and abroad engaged in manufacturing,
              processing, packaging and marketing of products like herbicides, weedicides,
              fungicides, insecticides, plant growth regulators and plant micro nutrients
              falling in Class 5.
16.       Plaintiff claims to be carrying out its business through an extensive
              network of 15,000 distributors and dealers in India across 18 States. Plaintiff
              has conceived and adopted the trademark and trade name "SAFEX" in
              relation to agrochemical goods and services and adopted a distinctive label/

, since then the plaintiff has used the said trade name,
              trademark and the label continuously and uninterruptedly. The registrations
              under the "SAFEX" trademark in Classes 1 and 5 are extracted hereunder:
CS(COMM) 595/2026                                                                                     Page 3 of 12
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17.       The plaintiff claims to have a substantial sales turnover from FY 1992-
              1993 at Rs 9.68 Lakhs/- to Rs 85313.20 Lakhs/- in the FY 2024-2025 The
              plaintiff also claims to have widely advertised and promoted its products
              under the trademark "SAFEX" and the expenses incurred on such promotions
              are documented in the invoices attached to the pleadings.
18.       The plaintiff claims to have used the mark "SAFEX" not only as its
              trademark but also its trade name. In order to substantiate the said fact, the
              plaintiff         has placed on record the pictorial representations which are
              extracted hereunder:
CS(COMM) 595/2026                                                                                     Page 4 of 12
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19.       The plaintiff states that the domain name safexchemicals.com is being
              used by the plaintiff since the year 2008 and also incorporates not only the
              trademark but the trade name of the plaintiff too. It is claimed that the said
              website hosts details of activities, goods, services and presence of the plaintiff
              which is accessible across the country and consumers can place enquiries for
CS(COMM) 595/2026                                                                                     Page 5 of 12
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               the products manufactured by it. The plaintiff claims that it also advertises
              and promotes its goods on various social media platforms like Instagram,
              Facebook, LinkedIn and You Tube.
20.       The plaintiff claims to have widely advertised, marketed and promoted
              the trademark "SAFEX" through electronic and print media such as
              newspapers, magazines and internet. Plaintiff claims to have spent large sums
              of money on advertisements and promotions. The plaintiff also claims that
              advertisements of its trademark and trade name are also conducted through
              billboards, hoardings, pamphlets, broachers and over the internet.
21.       The plaintiff claims that its goods are in high demand on account of
              strict controls resulting in high quality products. The plaintiff claims to be a
              market leader and also lays emphasis on research and development and
              innovation.
22.       The plaintiff states that it has been vigilant about its right in the
              intellectual property including the trademark, trade name and copyrights. In
              order to support the said contention, the plaintiff relies upon an order of the
              District Court dated 16.11.2023 in CS (COMM) 513/2023.
23.       Based on the above narrative, the plaintiff claims to have garnered
              substantial goodwill and immense reputation not only in the trade name and

trademark "SAFEX" but also the label/logo                                                         . Plaintiff also
              claims its proprietary rights in the trade name and trademark "SAFEX" on the
              grounds of (i) it is inventive and unique, (ii) a unique manner of
              representation, (iii) prior adoption and use of the mark, (iv) prior registration
              of the mark "SAFEX", (v) numerous trademark applications and registrations,
(vi) extensive sales of goods and services, (vii) extensive promotion and
              advertisement, (viii) large amount of money invested in research and
CS(COMM) 595/2026                                                                                     Page 6 of 12
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               development, (ix) successful legal actions taken against third parties.
24.       The plaintiff also claims that its trademark and trade name "SAFEX"
              have acquired distinctiveness and the public at large and members of trade
              identified and associated the plaintiff's goods under the "SAFEX" trademark
              exclusively of the plaintiff and no one else.
25.       Plaintiff claims that the defendant also is engaged in the business of
              agricultural products, particularly manufacturing, marketing, trading, offering
              for sale fodder seeds. The defendant no.1 is alleged to providing similar goods
              and services under an identical trademark "SAFEX"/ "SAFEX SEED"/

. The products manufactured by defendant no.1 are
              claimed to be marketed and sold by defendant no.2.
26.       Plaintiff claims that the impugned mark of the defendant is a clear and
              blatant infringement of its registered trademark and trade name "SAFEX".
Plaintiff also states that the logo/label                                                        of the defendant

no.1 is a slavish imitation of the plaintiff's logo/label                                                    . Plaintiff
              also states that the trade name of the defendant no.1, "SAFEX SEED INDIA
              LTD. LLP" incorporates and subsumes the registered trademark "SAFEX" of
              the plaintiff.
27.       Upon searching into the activities of the defendants, plaintiffs claims to
              have also discovered the Instagram page of the defendant no.1, wherein not
CS(COMM) 595/2026                                                                                     Page 7 of 12
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               only the logo but also the trade name of the plaintiff is clearly being infringed
              by the defendants.
28.       Plaintiff claims that the defendant no.1 has dishonestly adopted the
              identical trademark and deceptively similar trade name in identical goods and
              services being provided only to free right upon the hard earned goodwill and
              reputation of the plaintiff's trademark "SAFEX". According to the plaintiff,
              there is no reasonable cause or justification to adopt the impugned mark by
              the defendant no.1. As per the plaintiff, the consumers being farmers and
              agriculturists for both the parties, such unlawful adoption will clearly result in
              confusion and deception in the minds of the general public. Plaintiff claims
              that the aforesaid acts are likely to mislead its consumers.
29.       In view of the above, the plaintiff seeks ex-parte ad-interim injunction
              against the defendants.
30.       This Court has heard the arguments of Mr. Vutts, learned counsel for
              the plaintiff and examined the records of the case.
31.       In order to assess and ascertain the similarity/deceptive similarity
              between the trade name and trademarks of both the parties, it would be
              relevant to reproduce hereunder a table of comparison:
32.       From a simple and plain perusal of both the marks, it is apparent that
              between the trademark of the plaintiff "SAFEX" and that of the defendant
CS(COMM) 595/2026                                                                                     Page 8 of 12
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The Order is downloaded from the DHC Server on 28/05/2026 at 21:06:39
               no.1 "SAFEX"/ "SAFEX SEED", there is no distinction at all. The inclusion
              of the word "SEED" by itself is not distinctive and rather is descriptive of the
              goods and the services being provided by the defendant no.1. As such, the
              suffix "SEED" shall not distinguish the mark of the defendant no.1 from that
              of the plaintiff. That apart, so far as the trade name is concerned, it is apparent
              that the words "SAFEX" and 'India' is common to both the trade names
              interspersed by the words "Chemicals" and "Limited" which has been
              replaced by the word "SEED" and "LLP" by the defendant no.1. Such
              interspersed words may not carry any value to the ultimate consumer, who
              would be a purchaser of the products merely by the memory which would
              recall, at the first instance, the word "SAFEX".
33.       It is also relevant to note that the logo of the plaintiff and defendant
              no.1 are also deceptively similar if not identical. While the plaintiff uses the
              pictography of two leaves before its mark "SAFEX", the defendant no.1 uses
              two leaves of two different colours at the end of the mark "SAFEX". The
              defendant also uses the words "SEED INDIA LLP" as a subscript in small
              font. However, what is prominent clearly is the word "SAFEX". It is also
              relevant to note that both the marks appear to be in Dark Blue colour or Black
              colour and written in a stylised manner.
34.       While appreciating the aforesaid, it has to be borne in mind and
              evidently so, that the ultimate consumer for the products manufactured by
              both the parties are farmers and agriculturists who may simply go by the
              reputation of the brand "SAFEX" rather than inquire into as to whose
              products are they ultimately purchasing.
35.       The aforesaid shall also be clearer by appreciating the photographs of
              the defendant no.2's products, which has been placed on record by the
              plaintiff in para 38 of the plaint. The words "SAFEX" in Hindi on the
              packaging/trade dress of the defendants' product alongwith the words
CS(COMM) 595/2026                                                                                     Page 9 of 12
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The Order is downloaded from the DHC Server on 28/05/2026 at 21:06:39
               "SAFEX SEEDS" on the rear side of the packaging may project to the
              ultimate consumer as if the product is manufactured by the plaintiff.
              Moreover, the third photograph also displays the trade name of the defendant
              no.1 i.e. "SAFEX SEEDS" which too incorporates and subsumes the
              trademark "SAFEX" of the plaintiff.
36.       The Instagram page of the defendant no.1 also prominently displays the
              logo and the mark "SAFEX" which is identical or deceptively similar to that
              of the plaintiff.
37.       The sales turnover placed on record by the plaintiff and supported by
              promotional material like invoices of having engaged entities for carrying out
              promotions as also the screenshots of social media platform whereby the
              plaintiff has widely advertised and sought to popularise its products under the
              trademark "SAFEX", cumulatively, prima facie establish substantial goodwill
              and immense reputation garnered over last many years by the plaintiff in
              respect of goods manufactured by it under the trademark and logo "SAFEX"/

.
38.       The plaintiff has also been vigilant to protect its trademark and trade
              name by filing lawsuits in the District Courts at Delhi against similar alleged
              infringers and has obtained favourable interim orders, which demonstrates its
              commitment to protect its trademark, logo and trade name.
39.       The plaintiff has been able to prima facie establish a strong case in its
              favour and against the defendant. The balance of convenience is tilted in
              favour of the plaintiffs. The plaintiff shall suffer irreparable loss and injury
              which may not be adequately compensated in monetary terms in case ex-parte
              ad-interim injunction is not granted to the plaintiff.
40.       Therefore, the following directions are passed:
CS(COMM) 595/2026                                                                                      Page 10 of 12
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                     A. Defendants, their partners or proprietors, officers, servants, agents, their
                        assigns in business, dealers and others associated with it are restrained
                        from using, marketing, offering for sale, selling, licensing, advertising,
                        directly or indirectly dealing in any identical goods and services online

or offline of the plaintiff's SAFEX/                                       trademarks or any other
                        mark, name, logo, monogram or label that is or may be identical with

or deceptively similar to the plaintiff's trademark SAFEX/
                        either as a trademark, trading name, domain name etc. or a part thereof
                        or as a part of the packaging, artwork, get up, layout, design ;
                    B. Defendants, their partners or proprietors, officers, servants, agents, their
                        assigns in business, dealers and others associated with it are restrained
                        from copying, reproducing, adopting and/or using the plaintiffs artistic
                        device or logo or any other artistic work, product packaging of the
                        plaintiffs products which imitates the plaintiffs artistic device/logo in
                        entirety or part there off, as a part of the packaging, art work, get up,
                        layout and/or design.
41.       Issue notice.
42.       Let a reply to this application be filed by the defendants within four
              weeks from service. Rejoinder, thereto, if any, be filed within two weeks
              thereafter.
43.       Compliance of
Order XXXIX Rule 3 of CPC
shall be done within ten
              days from date.
CS(COMM) 595/2026
44.       Let the plaint be registered as a suit.
45.       Upon filing of the process fee, issue summons of the suit to the
CS(COMM) 595/2026                                                                                      Page 11 of 12
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               defendants through all permissible modes.
46.       The summons shall state that the Written Statement shall be filed by the
              defendants within 30 days from the date of the receipt of summons.
              Alongwith the Written Statement, the defendants shall also file Affidavit of
              Admission/Denial of the documents of the plaintiff, without which the
              Written Statement shall not be taken on record.
47.       Liberty is granted to the plaintiff to file Replication, if any, within 30
              days from the receipt of the Written Statement. Along with the Replication
              filed by the plaintiff, an Affidavit of Admission/Denial of the documents of
              defendants be filed by the plaintiff, without which the Replication shall not be
              taken on record.
48.       In case any party is placing reliance on a document, which is not in
              their power and possession, its details and source shall be mentioned in the
              list of reliance, which shall also be filed with the pleadings.
49.       If any of the parties wish to seek inspection of any documents, the same
              shall be sought and given within the prescribed timelines.
50.       List before the Joint Registrar (Judicial) on 14.08.2026 for completion
              of service and pleadings.
51.       List before the Court on 18.11.2026.
TUSHAR RAO GEDELA, J
              MAY 26, 2026/anj
CS(COMM) 595/2026                                                                                      Page 12 of 12
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