Case Title: Marriott Worldwide Corporation vs Sunjoy Hans and Ors.
Date of Order: 12th August 2025
Case Number: IPDTMA/6/2025
Name of Court: High Court at Calcutta (Intellectual Property Rights Division)
Name of Judge: Hon'ble Justice Ravi Krishan Kapur
Facts: The petitioner, Marriott Worldwide Corporation, a well-known hospitality brand under the Marriott Group, has used the trademark "MARRIOTT" worldwide since 1957 and in India since 1992, with registrations dating back to 1992. Respondent no. 1 claims proprietorship of the deceptively similar mark "The New Marrion" in class 43 for hotel and related services, with respondent no. 2 initially applying for its registration on 8 November 2022, later amended to respondent no. 1's name.
Procedural Background: The petitioner appealed under Section 91 of the Trademarks Act 1999 against an order dated 18 February 2025 by the Deputy Registrar of Trademarks, which dismissed the petitioner's opposition to the respondents' mark registration. The opposition was rejected due to non-apostilled evidence, leading to the current appeal heard on 12th August 2025.
Core Dispute: The dispute centers on the rejection of the petitioner's opposition to the registration of "The New Marrion" mark, alleging it is deceptively similar to "MARRIOTT". The petitioner argues the dismissal violated natural justice and disregarded notarized evidence, while respondents claim the appeal is infructuous due to the implemented registration.
Decision: The court set aside the impugned order, remanding the matter to the Deputy Registrar for a fresh hearing, including the petitioner's opposition with evidence, to be completed within four months. No adjudication on merits was made, and all interlocutory applications were disposed of as infructuous.
Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi
Disclaimer: This information report is intended for informational purposes only and does not constitute legal advice.
