Bombay High Court Declares Popular Food And Beverage Brand 'GIRNAR' A Well-Known Trademark

Bombay High Court Declares Popular Food and Beverage Brand 'GIRNAR' a Well- Known Trademark

The Bombay High Court has recognized the popular food and beverage brand 'GIRNAR' as a well-known trademark in India, asserting that its recognition and goodwill extend beyond any specific class of goods or services. The court noted that 'GIRNAR' has become a household name in the country.

This ruling came during a suit filed by Girnar Food & Beverages Pvt. Ltd. (the plaintiff), which sought a permanent injunction against TNI Plastics (the defendant) to prevent infringement of its registered trademark 'GIRNAR.' The plaintiff also requested a declaration of its mark as a 'well-known' trademark in India. Girnar's business encompasses trade in tea, coffee, spices, biscuits, bread, beverages, and related services.

Justice R.I. Chagla, observed, "In my view, it can be safely held that the plaintiff's trademark 'GIRNAR' has surpassed the scope of merely encompassing products/services sold or rendered under the said trademark. The recognition, reputation, and goodwill of the plaintiff now extend beyond any specific class of goods or services."

Girnar asserted that it has over 40,727 retailers and more than 255 distributors across India, with sales revenue for goods bearing the trademark reaching Rs. 48,777 lakhs in a single financial year. The company contended that the 'GIRNAR' trademark has become associated with various classes of goods and services, acquiring a secondary meaning and connotation that meets the criteria for a well-known trademark under Sections 11(6) and 11(7) of the Trade Marks Act.

Section 11(6) outlines factors for determining a well-known trademark, including public awareness resulting from the mark's promotion and its duration, extent, and geographical reach. Section 11(7) considers the number of actual or potential consumers, the distribution channels, and the business circles related to the goods or services.

The defendant, TNI Plastics, did not contest the declaration of 'GIRNAR' as a well-known trademark. The court subsequently affirmed that the 'GIRNAR' trademark has garnered significant and enduring reputation and goodwill throughout India, associating it solely with Girnar.

"The material produced shows that the plaintiff's trademark 'GIRNAR' has acquired immense and long-standing reputation and goodwill throughout India. Due to the continuous and extensive use of the trademark by the plaintiff and its efforts in promoting and protecting it, 'GIRNAR' has indeed become a household name in India, enjoying wide and enviable recognition among the public," the court emphasized.

Recognizing that the trademark falls into the category of 'arbitrary' marks—those with no significance or connection to the goods or services the court asserted that it merits the highest level of protection. Given its extensive reputation and goodwill, the court concluded that the 'GIRNAR' trademark meets the conditions set forth in Sections 11(6) and 11(7) of the Trade Marks Act.

Thus, the court held that the plaintiff's trademark qualifies as a 'well-known' trademark in India, as defined in Section 2(1)(zg) of the Act.