Introduction
Modern Snacks Pvt. Ltd. filed a petition seeking rectification of the Trademark Register by cancelling the registration of the mark ‘MARDEM’ registered by Kamran Ghani in Class 30. The petitioner argued that ‘MARDEM’ was deceptively similar to their earlier and widely used trademark ‘MODERN’, also registered for similar goods like snacks and confectionery.
Background
The petitioner is engaged in the manufacturing and marketing of namkeens, snacks, and other food items under the mark ‘MODERN’, which was originally adopted in 1990 by their predecessor. They presented evidence of multiple registrations, domain names, significant sales figures, and wide recognition of the ‘MODERN’ mark.
Proceedings
Despite attempts, respondent Kamran Ghani was not personally served, but service was deemed complete through his authorized attorney. Respondent No. 1 did not appear, and thus the petitioner's allegations remained uncontroverted.
Court’s Observations
The Court noted the phonetic and visual similarity between ‘MODERN’ and ‘MARDEM’, and that both marks covered identical goods in the same class and geographical market. It was held that such similarity could cause confusion among average consumers. The Court referred to precedents stating that even minor variations in trademarks are immaterial when the resemblance is substantial enough to deceive.
Decision
The Court found that the petitioner was the prior adopter and user of the ‘MODERN’ mark. The respondent’s mark ‘MARDEM’ was deceptively similar and likely to cause confusion. Thus, the registration of ‘MARDEM’ was cancelled, and rectification of the Trademark Register was ordered.
Case Title: Modern Snacks Pvt. Ltd. Vs. Kamran Ghani and Anr.
Date of Order: 25 April 2025
Case No.: C.O. (COMM.IPD-TM) 76/2021
Neutral Citation: 2025:DHC:2905
Name of Court: High Court of Delhi
Name of Judge: Hon’ble Ms. Justice Mini Pushkarna
