In a significant decision that may reshape the way brands use numerals in their trademarks, the Delhi High Court has ruled that purely numerical combinations like “2929” can be valid trademarks under Indian law—provided they are distinctive.
The ruling came in response to a plea by Vineet Kapur, who had applied for the trademark “2929” in Class 3 (which covers cosmetics and similar products). The application, filed in September 2021, was initially refused by the Trademark Registry on the grounds that it lacked distinctiveness and merely consisted of common numerals.
However, Justice Mini Pushkarna of the Delhi High Court set aside the Registry’s refusal, stating that the Trade Marks Act, 1999, explicitly allows numerals to be part of trademarks. The Court emphasized that distinctiveness is the key requirement—just like it is for word marks or logos.> “There is no bar in the Trade Marks Act against numerals being used as trademarks,” the Court observed. “An arbitrary number such as 2929, which has no direct reference to the goods, is capable of being distinctive.”The Court directed that the mark “2929” be advertised in the Trade Marks Journal, allowing time for any opposition proceedings. However, it clarified that the applicant cannot claim exclusive rights over individual digits like “2” or “9.”
Precedent-Setting Ruling
This judgment breaks new ground in Indian trademark law, where courts have traditionally focused on wordmarks and logos. While numeric trademarks have been allowed in some earlier cases, such as “501” for Tata Oil Mills and “1001” in other contexts, this is one of the first detailed High Court verdicts dealing specifically with numeric distinctiveness without acquired secondary meaning.Kapur’s application was based on proposed use, meaning he had not used the trademark in commerce at the time of filing. The Court clarified that proof of usage is not necessary in such cases if the mark is inherently distinctive.Legal experts believe this decision could encourage a rise in numeric trademark filings, especially in industries like fashion, cosmetics, and technology, where short, memorable numbers can play a strong branding role.
Implications for Brand Owners
The ruling provides clarity for businesses considering the use of standalone numbers as part of their brand identity. While arbitrary numeric combinations are now more defensible, experts caution that marks may still face opposition if they resemble existing trademarks or lack uniqueness in a particular market.The judgment also underlines the importance of filing trademark applications promptly and crafting distinctive brand elements—numerical or otherwise.
What’s Next
Following the ruling, the mark “2929” will now proceed to advertisement in the Trade Marks Journal. Third parties will have an opportunity to file oppositions before the mark is finally registered. Meanwhile, legal analysts expect a surge in interest around numeral-based trademarks.—Disclaimer: This article is for informational purposes only and does not constitute legal advice. All brand names and trademarks mentioned herein are property of their respective owners.