Fact of the Case:
Mondal Brothers Enterprises Private Limited, involved in manufacturing tarpaulin, vermi beds, wagon covers, and similar goods, acquired exclusive rights over the trademark "TARPEX" through a Deed of Assignment dated 1st September 2020. The petitioner discovered that respondent no. 3 had registered the mark "TARFLEX Tarp" (Device of Stars) in Class 22, which was deceptively similar to the petitioner’s prior registered mark "TARPEX". The petitioner argued that both marks were phonetically and structurally similar, leading to consumer confusion in the same line of business.
Procedural Background in Brief:
The petitioner filed an application under Sections 47, 57, and 125 of the Trademarks Act, 1999, seeking rectification and cancellation of the impugned mark registered in favor of respondent no. 3. Despite repeated service, respondent no. 3 failed to appear or file any written response. The Registrar of Trade Marks (respondent no.1) did not contest the petition.
Reasoning of Court:
The Court found that Mondal Brothers was the prior adopter and continuous user of the mark "TARPEX" since 2010. The impugned mark "TARFLEX" was found to be phonetically and structurally similar to "TARPEX", creating a likelihood of confusion. The Court noted that respondent no. 3 could not demonstrate any bona fide reason for adopting a similar mark and that the impugned mark lacked distinctive character, violating Sections 9(2) and other provisions of the Trademarks Act. The Court concluded that the impugned registration eroded the goodwill and exclusivity associated with the petitioner’s mark.
Decision:
The Court allowed the petition and ordered the rectification and cancellation of the trademark registration granted in favor of respondent no. 3.
Case Details:
Case Title: Mondal Brothers Enterprises Private Limited Vs The Registrar of Trade Marks
Date of Order: 6th March 2025
Case Number: IPDATM/1/2023
Neutral Citation: Not provided
Name of Court: High Court at Calcutta
Name of Hon'ble Judge: Hon'ble Mr. Justice Ravi Krishan Kapur
