International Business Machines ... vs Tivoli Gardens & Anr

ik-18819726 Delhi High Court 28 February 2026 • 25 min read

Judges (1)

Counsel (8)

Arnav Mittal Counsel Respondent C. A. Brijesh Counsel Appellant Indraneil Choudhary Counsel Respondent Nidhi Raman Counsel Respondent Om Ram Counsel Respondent Peeyoosh Kalra Counsel Appellant Rishi Bansal Counsel Respondent Simranjot Kaur Counsel Appellant

Parties (2)

International Business Machines Corporation Appellant Tivoli Gardens Respondent

Case Significance

International Business Machines ... vs Tivoli Gardens & Anr is a Delhi High Court decision dated February 28, 2026 (citation: ik-18819726). IBM appealed against an order of the Assistant Registrar of Trade Marks allowing an interlocutory petition by Tivoli Gardens to extend time for filing evidence in opposition proceedings against IBM's 'TIVOLI' trademark, which IBM uses for its enterprise IT infrastructure management software suite. The court found that the timelines for filing evidence under both the 2002 and 2017 Trade Marks Rules are strict and cannot be extended, and Respondent No. 1 failed to show due diligence in pursuing The case was heard by Justice Tejas Karia.

Summary

IBM appealed against an order of the Assistant Registrar of Trade Marks allowing an interlocutory petition by Tivoli Gardens to extend time for filing evidence in opposition proceedings against IBM's 'TIVOLI' trademark, which IBM uses for its enterprise IT infrastructure management software suite. The court found that the timelines for filing evidence under both the 2002 and 2017 Trade Marks Rules are strict and cannot be extended, and Respondent No. 1 failed to show due diligence in pursuing the opposition despite having been served notice. The appeal was allowed and the impugned order was set aside.

What was the outcome of International Business Machines ... vs Tivoli Gardens & Anr?

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-18819726)