Delhi High Court Declares "WIPRO" a Well-Known Trademark
Shivam Udhyog agrees to a consent decree, withdrawing application for deceptively similar mark.
In a significant judgment by the Delhi High Court, presided over by Justice Tejas Karia, the trademark "WIPRO" has been officially recognized as a well-known trademark under the Trade Marks Act, 1999. This decision comes as a pivotal victory for Wipro Enterprises Private Limited in its legal battle against Shivam Udhyog, where the latter agreed to withdraw its application for a deceptively similar trademark and refrain from using the "WIPRO" mark in the future.
The plaintiff, Wipro Enterprises, demonstrated extensive evidence of the trademark's goodwill and reputation, which has been built since its inception in 1945. The court noted Wipro's continuous and uninterrupted use of the mark since 1977, bolstered by substantial revenue figures and promotional expenditures. Over the years, Wipro has secured numerous domestic and international trademark registrations, further cementing its global presence and recognition.
During the proceedings, Wipro Enterprises highlighted its substantial sales turnover, which amounted to INR 60,775.6 crores from the financial years 1994-95 to 2023-24. The promotional expenditure was equally impressive, reaching INR 8,800 crores over the same period. These figures underscored the depth of Wipro's market penetration and the recognition of its brand across various sectors.
The defendants, Shivam Udhyog, agreed to a consent decree, withdrawing their trademark application for "SHIVAM UDHYOG WIPRO WIRE MESH" in Class 06, and undertook not to use any deceptively similar marks in the future. This agreement led to the court decreeing the suit in favor of Wipro Enterprises' prayers (a) to (d), with Wipro waiving its claims for damages and costs.
Justice Karia's judgment emphasized the importance of protecting established trademarks against infringement and recognized Wipro's mark as synonymous with the company itself. The court's decision was supported by ample documentation provided by Wipro, demonstrating the brand's international registrations in countries including the United States, United Kingdom, European Union, Australia, and many others.
This ruling not only reinforces Wipro's trademark rights but also sets a precedent in the protection of well-known trademarks in India. The judgment underscores the judiciary's commitment to upholding intellectual property rights, ensuring that established brands can safeguard their identity against potential infringements.
Bottom Line:
Trade Marks Act, 1999 - Declaration of "WIPRO" as a well-known trade mark under Section 2(1)(zg) of the Act - Defendants agreed to suffer a decree in terms of the Plaintiff's prayer clauses (a) to (c), with the Plaintiff not pressing for damages and costs - Evidence of extensive use, goodwill, and reputation of the mark "WIPRO" established through revenue, promotional expenditure, and international trademark registrations.
Statutory provision(s): Trade Marks Act, 1999 Section 2(1)(zg), Civil Procedure Code, 1908
Wipro Enterprises Private Limited v. Shivam Udhyog, (Delhi) : Law Finder Doc Id # 2792904
