“The mark ‘AMUL’ has therefore acquired huge, undiluted, enduring significance and is relatable to source of goods of petitioners. Also its protection would transcend all classes having been declared a well-known mark,” Justice Anish Dayal said.
The court was dealing with a rectification plea moved by Kaira District Cooperative Milk Producers Union Limited and Gujarat Co-operative Milk Marketing Federation Limited seeking removal of “Amul” trademark used by an entity, DN Bahri Trading, for mineral water, alcoholic drinks and fruit juices.
The petitioners claimed rights in the trademark ‘AMUL’, in the word mark, as well as various other device marks and formative marks. It was further claimed that Amul has been declared as a well-known trademark in 2011.
It was alleged that the impugned mark was registered in favour of the respondent entity. An application for trademark registration was filed in March 2003.
“There is not a sliver of any documentation, photograph, advertisement, invoice or any other visual or documentary proof to support their assertion that they were indeed using the said mark on some goods,” the court said.
It rejected the respondent’s contention that ‘AMUL’ is a generic word being a short form of the Hindi word ‘Amulya’ and therefore, there can be no dominance over the said mark.
The court observed that ‘AMUL’ as a mark has gained compelling distinctiveness in its favour. It added that the Amul range of products is large and expansive and includes the ‘AMUL tru’ drinks as well, aside from other drinks.
“Even on this account, applying the triple test enunciated in various decisions, for assessing passing off, the ‘AMUL’ mark of the petitioner would pass muster in relation to the defendant’s impugned mark,” the court said while directing that the impugned mark be removed from the Register of Trade Marks.
Title: KAIRA DISTRICT COOPERATIVE MILK PRODUCERS UNION LTD & ANR. v. D N BAHRI TRADING AS THE VELDON CHEMICAL AND FOOD PRODUCT & ANR.
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