Abros v. Nebros: Can One Registered Proprietor Sue Another For Infringement?

When two registrations collide

The Delhi High Court’s May 13, 2025 decision in Abros Sports International Pvt. Ltd. v. Ashish Bansal & Ors. [2025 SCC OnLine Del 3410] has forced us to confront one of the most recurring questions in the Indian trade mark law: can the proprietor of one registered mark be sued for infringement by the proprietor of another registered mark? This case, concerning the competing marks ABROS and NEBROS, has not been definitively decided. Instead, the Division Bench has referred the core issues to a larger bench, recognizing the conflict between textual fidelity to the Trade Marks Act, 1999 and the equitable need to protect brand owners from mala fide registrations.

The statutory framework under the Trade Marks Act explains why this dispute assumed such significance. Section 28 gives the registered proprietor the exclusive right to use the mark in relation to the goods or services for which it is registered. The provision also makes it clear that where two