Court Finds Century 21 Town Planners Pvt. Ltd.’s Use of "C21" and "Century 21" Dishonest, Orders Rectification of Trademark Register
In a significant judgment pronounced on March 6, 2026, the Bombay High Court sided with Century 21 Real Estate LLC, a global leader in the real estate franchising sector, against Century 21 Town Planners Pvt. Ltd. The court ordered the removal of four infringing trademark registrations held by the respondent, affirming the petitioner's prior rights and extensive goodwill associated with the "CENTURY 21" and "C21" trademarks.
Justice Arif S. Doctor delivered the judgment in a series of petitions filed by Century 21 Real Estate LLC, challenging the validity of trademarks registered by Century 21 Town Planners Pvt. Ltd. The court found that the respondent had dishonestly adopted marks identical to the petitioner's well-established trademarks, aiming to exploit Century 21's global reputation and goodwill.
The petitioner, represented by counsel Ms. Shwetasree Majumder, presented a robust case highlighting their longstanding statutory and common law rights both internationally and in India. The court was convinced by the evidence of the petitioner's global operations, extensive trademark registrations, and significant brand presence, spanning over five decades.
The judgment underscored the respondent's lack of bona fides, as they failed to provide justification for adopting the "C21" mark and incorporating "CENTURY 21" into their corporate name. The court noted that this constituted a clear attempt to clone the petitioner’s brand identity.
The court dismissed the respondent’s claims of prior use, finding them unsupported by credible evidence. The petitioner successfully demonstrated their use and registration of the "CENTURY 21" and "C21" marks since 1971, with Indian registrations dating back to 1989. Moreover, the petitioner’s proactive engagement in the Indian market through franchise agreements and domain registrations since 2006 further solidified their claim.
Justice Doctor emphasized that the petitioner’s trademarks had been recognized and protected by Indian courts as well-known marks, citing previous favorable judgments from the Delhi High Court. The court held that the trademarks registered by the respondent were liable to be removed from the register due to their dishonest adoption and lack of bona fide use.
The judgment is a reaffirmation of the importance of protecting well-known trademarks and the rights of global entities against unauthorized use by local entities seeking to capitalize on established brand reputations.
Bottom Line:
Trade Marks - Dishonest adoption of similar marks and corporate name by Respondent. Petitioner successfully demonstrated statutory and common law rights in "CENTURY 21" and "C21" internationally and in India, including prior registrations, domain use, franchise agreements, and reputation in the real estate industry.
Statutory provision(s): Trade Marks Act, 1999 Sections 2(2)(c), 34, 33
