Calcutta High Court Rules In Favor Of Girnar Food & Beverages Pvt. Ltd. In Trademark Dispute
Calcutta High Court Rules In Favor Of Girnar Food & Beverages Pvt. Ltd. In Trademark Dispute
In a recent judgment, the Calcutta High Court sided with Girnar Food & Beverages Pvt. Ltd. in a significant trademark dispute. The case centred around Girnar Food & Beverages opposing the registration application of another entity's trademark, which prominently featured an elephant alongside the word "HAATHI." The court determined that this mark bore deceptive similarity to Girnar's well-established "JUMBO" trademark, renowned for its association with various types of teas.
Justice Krishna Rao highlighted Girnar's extensive use and consistent registration of their trademarks since 1985, underscoring their substantial market presence both domestically and internationally. The court acknowledged Girnar's efforts to demonstrate continuous use and the significant goodwill associated with their trademarks.
The respondent asserted prior use dating back to 1970; however, they failed to provide sufficient evidence to substantiate this claim. The court identified inconsistencies in the respondent's submissions and concluded that they had not adequately proven their alleged longstanding use.
Citing relevant legal precedents and provisions outlined in the Trade Marks Act, 1999, Justice Rao emphasised that the respondent's trademark could potentially confuse consumers, given its resemblance to Girnar's established trademarks. The judgement underscored the importance of safeguarding established trademarks from misleading registrations that could confuse consumers.
In its final decision, the High Court overturned the Registrar of Trade Marks' order dated July 22, 2023, and invalidated the registration certificate issued to the respondent.
