This case involves the Thai brewery Boon Rawd Brewery Co Ltd. (petitioner), renowned for its iconic SINGHA beer, challenging the registration of a device mark by Yunnan Xiangkeng Trading Co. Ltd. (respondent) in India. The petition was filed under Sections 47 and 57 of the Trade Marks Act, seeking the cancellation of the respondent's mark registered in class 32, which covers beer and similar goods. The petitioner’s longstanding use and extensive international registration of the SINGHA trademarks, along with its reputation and goodwill built since 1933, form the basis of its claim. The petitioner alleges that the respondent's mark, which closely copies the lion device and the word SINGHA, is deceptively similar and intended to cause confusion among consumers, infringing on the petitioner’s rights.
The petitioner asserted that the respondent’s registration was obtained dishonestly, in bad faith, and in violation of statutory provisions, especially given the respondent's prior infringement of the petitioner’s trademarks in other jurisdictions. The petition highlighted that the respondent’s adoption of the mark with an intent to trade upon the petitioner’s goodwill and reputation constituted an act of bad faith and statutory infringement. The petitioner also emphasized that the respondent had not filed any reply or appeared in court despite repeated notices, which was deemed an admission of the claims.
The court noted that the respondent’s mark was almost identical to the petitioner’s registered trademarks, which had achieved significant goodwill in India. It observed that the respondent's registration was granted erroneously by the trademark registry without recognizing the prior rights of the petitioner. Moreover, the court pointed out that the respondent’s failure to contest the petition and the similarity of the marks strengthened the case against the respondent’s registration.
After examining the evidence, including the similarities of the marks and the reputation of the SINGHA brand, the court concluded that the respondent’s registration was in violation of the provisions of the Trade Marks Act. The court further held that the registration was made in bad faith and that the respondent’s use of the mark was likely to deceive and cause confusion among ordinary consumers, who associate the SINGHA mark exclusively with the petitioner.The final order directed the registry to remove the impugned mark from the register within four weeks.
Case Title: Boon Rawd Brewery Co Ltd. Vs Yunnan Xiangkeng Trading Co. Ltd. Date of Order: May 1, 2025 Case No.: C.O. (COMM.IPD-TM) 25/2025 Neutral Citation: 2025: DHC:3334 Name of Court: High Court of Delhi at New Delhi Name of Judge: Hon'ble Mr. Justice Amit Bansal
