Court Upholds Lark Engineering's Trademark Rights, Citing Bona Fide Use and Prior Registration Since 1994
In a significant ruling, the Delhi High Court has dismissed a petition filed by Hubei Ji Su Kan Dian Technology Co., Ltd., a Chinese company, seeking the rectification of the trademark 'LARK' registered by Lark Engineering Company (India) Pvt. Ltd. The petitioner claimed that the respondent's mark in Class 42 should be rectified due to alleged non-use and false user claims. However, the court found that Lark Engineering had demonstrated bona fide use of the mark in connection with poultry and cattle feed machinery and related services.
The case revolved around the application of Sections 47 and 57 of the Trade Marks Act, 1999. The petitioner argued that the respondent had not used the trademark 'LARK' in the manner claimed and had falsely represented its use since 1994. They contended that Lark Engineering's services under Class 42, which include design and development of computer hardware and software, were not legitimately covered under the mark.
Justice Tejas Karia, presiding over the case, evaluated the evidence presented, including promotional materials and invoices, which demonstrated Lark Engineering's continuous use of the mark since 1994. The court noted that the respondent's activities in research, development, and sale of poultry and cattle feed machinery, along with associated software and hardware, constituted bona fide use under the Trade Marks Act.
The judgment emphasized that the phrase "goods or services of the same description" should not be narrowly construed, and that Lark Engineering's use of the trademark extended to related goods and services, thereby justifying its registration under Class 42. The court also rejected the petitioner's claims of false user date, acknowledging the respondent's longstanding use and registration of the mark.
In conclusion, the court dismissed the petition, affirming Lark Engineering's rights to the trademark 'LARK' and highlighting the importance of established use and prior registration in trademark disputes.
Bottom Line:
Trade Marks Act, 1999 - Rectification of Trade Mark - Scope of Section 47(1) and proviso thereof analyzed - Rectification sought on grounds of non-use and false user claim - Held, impugned mark used bona fide in connection with related goods and services, and not obtained on false user claim.
Statutory provision(s): Trade Marks Act, 1999 Sections 47(1), 57
