Kerala High Court Dismisses Pas Agro Foods' Trademark Rectification Petition Against KRBL Limited

The Court rules lack of jurisdiction and premature filing as grounds for dismissing the case concerning the 'INDIA GATE' trademark.

In a significant ruling, the Kerala High Court has dismissed the Special Jurisdiction Case filed by Pas Agro Foods against KRBL Limited, challenging the registration of the trademark 'INDIA GATE.' The judgment, delivered by Justice M.A. Abdul Hakhim, concluded that the petition was not maintainable due to lack of territorial jurisdiction and premature filing.

Pas Agro Foods, a Kerala-based firm, sought the cancellation of KRBL Limited’s trademark on the grounds of invalid registration. However, the court emphasized that the jurisdiction for filing a rectification petition under Section 57 of the Trade Marks Act, 1999, lies with the High Court exercising appellate jurisdiction over the Trade Marks Registry where the trademark was originally registered, which in this case is the Delhi High Court.

The petitioner’s argument that part of the cause of action arose within the jurisdiction of the Kerala High Court was rejected. Justice Abdul Hakhim aligned with the rationale that allowing petitions in multiple jurisdictions could lead to jurisdictional chaos and conflicting decisions, contradicting the scheme of the Trade Marks Act.

Additionally, the court observed that the case was premature as no issue regarding the invalidity of the trademark registration was framed in the related infringement suit pending in the District Court, New Delhi. The court highlighted the necessity of satisfying the prima facie tenability of the plea in the infringement suit before filing a rectification petition, as prescribed under Section 124 of the Trade Marks Act.

The dismissal underscores the importance of following procedural requirements and the designated jurisdiction in trademark disputes, reinforcing the legislative intent to consolidate rectification petitions to avoid conflicting judicial outcomes.

Bottom Line:

Trademark Law - Jurisdiction for filing rectification petitions under Section 57 of Trade Marks Act, 1999 lies with the High Court exercising appellate jurisdiction over the Trade Marks Registry where the trademark was originally registered.

Statutory provision(s):  Sections 57, 124, 125, 91 of the Trade Marks Act, 1999; Section 50 of the Copyright Act, 1957.

Pas Agro Foods v. KRBL Limited, (Kerala) : Law Finder Doc id # 2801449