Category Archives: News

Gutka maker wins trademark dispute

CHENNAI: When a Rajasthan-based gutka and pan masala maker expanded to UP and Delhi, he found violations of his trademark ‘Mama’. The petition of Rajan Jhiriwal, owner of ‘Mama’ brand ghutka, seeking to withdraw a rival brand’s trademark was upheld by the Intellectual Property Appellate Board ( IPAB) in Chennai recently.

Justice S Usha and technical member V Ravi, in their recent order, asked the trademark registrar to withdraw the ‘Mamaji’ mark issued to Yogesh Kumar Aggarwal of Rajasthan.

‘Mama’ brand is an old trademark, argued the counsel for Jhiriwal. “The sale of gutka in indigenous form (mewa) based on traditional knowledge under the trademark ‘Mama’ was first started by Kamal Jhiriwal since 1983,” said the order. The elder Jhiriwal, the father of Rajan Jhiriwal, started his business in a small way. He used to assist his sister’s husband at his pan shop. “Kamal Jhiriwal was known as ‘mama’ by children of his sister and his friends also called him ‘mama’,” said the order. Soon, the entire town of Alwar in Rajasthan came to know of him by the name. So when he set up his own pan shop, he named it ‘mama’.

“Due to its blend and flavour, followed with the hygienic standard and packing the prepared pan and gutka under ‘Mama’, it became the talk of the town,” said the order. Rajan, who inherited the business, started marketing his product in New Delhi, Uttar Pradesh and Haryana in 2000. Soon, he noticed that his trademark was violated by the makers of Mamaji Tambaku and approached the courts and the tribunal.

As the owners of Mamaji couldn’t prove that the have been using the trademark before the owners of Mama did, the tribunal came to the conclusion that Rajan Jhiriwal’s claim is right and ordered the registrar to remove the Mamaji trademark.
Source : Times Of India

Asian Granito India Updates on trademark litigation

The Hon’ble High Court of Delhi vide its order dated April 23, 2013 has passed decree in the trademark litigation between Asian Granito India Limited V/s. Asian Paints Limited as per the terms of joint compromise application. The matter has been amicably resolved between the parties as per the compromise terms without any monetary damages or cost.

Kolkata’s Haldiram Bhujiawala stripped of its trademark

The Intellectual Property Appellate Board (IPAB) on Friday ordered the removal of trademark registration made in favour of the Kolkata based-Halidram Bhujiawala. Now Haldiram (India) Pvt. Ltd, New Delhi, alone can use the trademark ‘Halidram Bhujiawala’. The ruling ended a long-drawn dispute between family members of Ganga Bishan, who first adopted the trademark.

Ruling in favour of the New Delhi-based firm, the Board comprising its Vice Chairman S. Usha and its member V. Ravi held that the proprietors of the Kolkata firm had not produced any cogent evidence and “therefore, the registration is in violation of the provisions of the Trade Marks Act.”

The trademark ‘Haldiram Bhujiawala’ was adopted in 1941 by Bishan, in respect of his business for the manufacture and sale of sweets, papads and snacks. Bishan expanded his business to other cities, including Kolkata. In 1972, an application for the trademark’s registration was filed for the whole of India.

Under a family arrangement, Moolchand, one of Bishan’s sons, was carrying on business in all the territories, except West Bengal, while the family of another son, Rameshwar Lal, was allowed to do their business only in West Bengal. Mr. Lal and his son Prabhu Shankar obtained the registration in 1980 for the same goods for using the trademark in Kolkata.

After Lal’s death, his sons threatened to open a retail outlet under the similar name in Karol Bagh, New Delhi in 1991. Aggrieved by the trademark remaining on the Registry of Trade Marks, Kolkata, the sons of Moolchand, the owners of Haldiram (India) Pvt. Ltd., New Delhi, filed the application to cancel the registration made in 1980.

Halidram, New Delhi, said the registration was wrongly made and was remaining wrongly on the register.

The Board stated: “It is clear that Mr. Lal had not produced any evidence to prove that the trademark had acquired distinctiveness. The trademark is neither distinctive, nor capable of being distinguished as on the date of registration.”

Directing the Registrar of Trade Marks to cancel the trademark granted in favour of Lal’s sons, who own Haldiram Bhujiawala, Kolkata, the IPAB said that though they were aware of the applicant predecessors’ use, they had suppressed the fact and stated that they were the only firm using the trademark Haldiram Bhujiawala in Kolkata and that no other application was pending.

Source : TheHindu