Bansi Dhar Bajaj Vs Bajaj Biscuit Products

The case involves a legal dispute over the registration and use of the trademark "BAJAJ" in relation to biscuits and confectionary goods. The appellant, Bansi Dhar Bajaj, and his company, Bajaj Biscuit Products, opposed the respondent's application to register the same mark for similar products in certain Indian states. The appellant claimed that they had been using the mark since 1983 and had established significant goodwill and reputation in the market, which would be harmed by the respondent’s registration and use of an identical or similar mark. They argued that the respondent’s application for registration, filed in 1984, should be rejected due to the likelihood of confusion and deception among consumers.

The respondent contended that they honestly and bonafidely adopted the "BAJAJ" mark in 1981, knowing that no such mark was in use or registered for similar goods. They claimed that the word "Bajaj" is a surname of all partners involved and that their use was legitimate and prior to the appellant’s. Additionally, the respondent argued that the appellant had only begun using the mark a few years later and that the respondent's use was genuine. They also pointed out that the appellant's use of the letter "R" with the mark was an error, further complicating their claim to exclusivity.

The Deputy Registrar of Trade Marks considered the evidence, including bills and documents submitted by both parties, as well as the dates of use, to determine prior adoption and use of the mark. The Registrar found that the respondent had been using the mark earlier than the appellant and thus had rights to register it. The Registrar dismissed the opposition filed by the appellant and allowed the respondent’s application for registration.

The appellant challenged this decision in the High Court of Delhi, which also upheld the Registrar’s ruling, affirming that the respondent was entitled to register the mark based on prior use. The Court noted that both parties’ marks were identical and that the goods in question were of the same description, increasing the potential for confusion. Nonetheless, the court considered the evidence and concluded that the respondent had established prior and honest adoption of the trade mark "BAJAJ," thereby rejecting the appellant’s opposition.

This affirmation of the registration rights of the respondent was based on the evidence of use, the date of adoption, and the absence of deliberate deception. The court emphasized that even minimal evidence of use could establish rights over unregistered marks if shown to be prior and genuine. The case reaffirmed the principles that prior user can gain superior rights against an earlier application, provided the use is honest and continuous.

In conclusion, the court dismissed the appeal of Bansi Dhar Bajaj, rendering the registration of the "BAJAJ" mark in favor of the respondent for biscuits and related goods. The decision reinforced the importance of proof of prior use and the honest intent behind trade mark adoption in trade mark law.

Case Title: Bansi Dhar Bajaj vs Bajaj Biscuit Products And Ors. Date of Order: 05 February 2004 Case Number: TA/78/2003/TM/DEL Neutral Citation: (2004) 28 PTC 680 (IPAB) Court: Intellectual Property Appellate Board, Chennai Judge: S. Jagadeesan, J.