Case Title: Karim Hotels Pvt. Ltd. Vs Al Kareem; Order Date: 29.07.2025; Case Number: (T)OP(TM) No. 406 of 2023; Neutral Citation: 2025:MHC:1859; Name of Court: High Court of Judicature at Madras; Judge: Hon'ble Mr. Justice Senthilkumar Ramamoorthy.
Summary:
The petition filed by Karim Hotels Pvt. Ltd., proprietor of the trademark "KARIM/KARIM'S/KAREEM," seeks to remove/rectify the trademark "AL KAREEM" registered under No. 3385555 in Class 43 by the 1st respondent, claiming it to be deceptively similar and misleading. Karim Hotels contends its trademark has been continuously used since 1913 in the restaurant business, supported by media references and multiple trademark registrations.
The 1st respondent, proprietor of "AL KAREEM," claims use since 1965 in Hyderabad, supported by an affidavit and documents evidencing business use from 1996. The respondent argued that its trademark is honestly used and confined geographically to Telangana, while the petitioner’s business is presently limited to Delhi NCR.
The Court found the petitioner qualified as a "person aggrieved" under trademark law and acknowledged weak evidence by the petitioner for use since 1913, but recognized reasonable evidence of use by the respondent since 1996. The court held that the 1st respondent’s trademark registration was entitled to protection under section 12 of the Trade Marks Act for honest concurrent use and imposed a geographical limitation restricting the use of "AL KAREEM" to Hyderabad, Telangana. Accordingly, the petition for removal was dismissed on these terms without costs.
Disclaimer: The information shared here is intended to serve the public interest by offering insights and perspectives. However, readers are advised to exercise their own discretion when interpreting and applying this information. The content herein is subjective and may contain errors in perception, interpretation, and presentation.
Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi
No comments:
Post a Comment