Impressario Entertainment's Victory Against Vardhaman Choksi Highlights Trademark Misuse and Non-Genuine Usage
In a landmark decision, the Delhi High Court, presided over by Justice Tejas Karia, has ruled in favor of Impressario Entertainment and Hospitality Pvt. Ltd., directing the removal of Vardhaman Choksi's trademark from the register due to non-use and allegations of trademark squatting. The court's decision emphasizes the sanctity of genuine trademark usage and addresses the growing issue of trademark squatting in India.
The dispute centered around the trademark registered under Application No. 2230483 in Class 43, which was initially granted to Vardhaman Choksi. Impressario Entertainment sought rectification, arguing the mark had not been genuinely used for the registered services. The court found that Vardhaman Choksi failed to demonstrate genuine use of the trademark in connection with the services for which it was registered.
Justice Karia highlighted that the mere anticipation of legal challenges does not constitute special circumstances justifying non-use under Section 47(3) of the Trade Marks Act, 1999. The ruling further criticized Choksi's practice of registering over 100 international trademarks without corresponding usage, describing it as a manipulative tactic undermining the integrity of the trademark register.
The court also dismissed rectification petitions filed by Vardhaman Choksi against Impressario's trademarks, affirming Impressario's legitimate use and goodwill associated with its "SOCIAL" brand. This decision reinforces the need for trademark applicants to demonstrate bona fide usage to maintain their registrations and serves as a warning against registering trademarks with no intention of genuine use.
Bottom Line:
Trade Marks Act, 1999 - Cancellation of trade mark registration - A registered trade mark is liable to be removed from the Register if not used for a period of five years and three months without special circumstances justifying non-use.
Statutory provision(s): Trade Marks Act, 1999 Sections 47, 57
