Fact of the Case:
Dinesh Kumar Chowdhury, the appellant, was using the mark "GANRAJ-Chappan Bhog" in connection with his business under the name "Ganraj Papad Udyog." The private respondent no. 2, however, was the registered proprietor and prior user of the trademark "CHAPPAN BHOG" in respect of dried fruits (makhana), claiming use since 2003 and registration since 2011. Respondent no. 2 also owned copyright in the associated artwork. The dispute arose when respondent no. 2 filed a rectification application to remove the appellant’s mark from the trademark register, alleging dishonesty and deceptive similarity.
Procedural Background in Brief:
The Deputy Registrar of Trade Marks, by an order dated 6th August 2024, allowed the rectification application of respondent no. 2 and directed the removal of the appellant’s mark from the register. Aggrieved by this, Dinesh Kumar Chowdhury filed an appeal before the Calcutta High Court under IPDTMA/13/2024 challenging the Deputy Registrar's order.
Reasoning of Court:
The Court noted that respondent no. 2 was the prior user and proprietor of the "CHAPPAN BHOG" mark since 2003. After comparing the labels, the Court found significant similarities in the artwork, color scheme, packaging, and trade dress of both marks. Relying on precedents such as Ciba Ltd. v. M. Ramalingam and Laxmikant V. Patel v. Chetanbhat Shah, the Court emphasized the importance of preventing consumer confusion and protecting honest trade practices. The Court concluded that the appellant’s adoption of the mark was dishonest and likely to cause deception.
Decision:
The Calcutta High Court upheld the Deputy Registrar’s rectification order and dismissed the appeal filed by Dinesh Kumar Chowdhury. No costs were awarded.
Case Title: Dinesh Kumar Chowdhury Vs The Registrar of Trade Marks and Anr
Date of Order: 3rd March 2025
Case Number: IPDTMA/13/2024
Name of Court: High Court at Calcutta
Name of Hon'ble Judge: Hon'ble Mr. Justice Ravi Krishan Kapur
