Delhi High Court announces ‘Taj’ a well-known trademark of the luxury hotel chain, IHCL was represented by Anand & Anand.

Delhi High Court announces ‘Taj’ a well-known trademark of the luxury hotel chain, IHCL was represented by Anand & Anand.

It receives stronger legal protection, preventing unauthorized use even in unrelated industries

The Delhi High Court has declared ‘Taj’ and related marks of the luxury hotel chain, as well-known trademarks under the Trade Marks Act, 1999.

The bench of Justice Amit Bansal passed the ruling on a suit by the Indian Hotels Company Limited (IHCL), a part of the Tata Group, claiming that its ‘Taj’ trademark was being unlawfully used by certain entities.

The court held, "The long duration for which the ‘Taj’ mark has been used by the plaintiff, its wide geographical area, the knowledge among the public and the goodwill and reputation due to the extensive promotion, publicity and extensive revenue generated by the plaintiff in India and abroad, it has achieved the status of a well-known trademark.”

The judge added that it could be declared a well-known trademark in the hotel and other related services in the hospitality sector.

IHCL had filed the suit seeking a permanent injunction against two persons (defendants). It accused them of trademark infringement, copyright violation, and trying to pass off their services as IHCL's.

The defendants consented to a decree of permanent injunction, paving the way for the court to address IHCL’s request to declare its mark as well-known.

IHCL argued that the mark achieved unparalleled recognition and goodwill over the past 120 years. It was supported by extensive use, promotion, and enforcement of trademark rights.

The company presented evidence, including awards, historical photographs, financial data, and social media metrics, to demonstrate the brand’s widespread recognition and reputation.

The court noted that the defendants did not oppose IHCL’s request to declare ‘Taj’ a well-known mark.

The company submitted before the court that it was incorporated in 1902 and was one of India’s oldest and most prestigious hospitality companies. It operates iconic brands including Taj, SeleQtions, Vivanta, and Ginger, with a portfolio of approximately 350 hotels across 13 countries.

The brand began with the opening of The Taj Mahal Palace in Mumbai in 1903 and has since grown into a globally recognized name in luxury hospitality.

Thus, while ruling, the bench highlighted the factors:

1. Public Recognition: The ‘Taj’ mark is widely recognized in India and globally, supported by awards.

2. Duration and Extent of Use: The mark has been in continuous use since 1903, with a presence in over 130 locations worldwide.

3. Promotion and Advertising: IHCL has consistently promoted the brand through advertisements, CSR activities and social media, amassing millions of followers across platforms like Facebook, Instagram, and LinkedIn.

4. Trademark Registrations: IHCL holds over 100 trademark registrations for the ‘Taj’ mark in India and other countries.

5. Successful Enforcement: IHCL has a strong record of protecting its trademark through legal actions, including previous court rulings that recognized its rights.

Thus, Justice Bansal held, "The plaintiff fulfils all the criteria in Section 11(6) read with Section 11(7) of the Act for declaring the ‘Taj’ as well well-known trademark of hotels and other related services in the hospitality industry. In terms of the prayer clause contained in paragraph No.79(vii) of the plaint, a decree of declaration is passed declaring the mark as well-known within the meaning of Section 2(1)(zg).”

IHCL was represented by advocates Pravin Anand, Achuthan Sreekumar, Rohil Bansal and Swastik Bisarya from Anand & Anand.

Advocate Abhyanand represented the defendants.