Veekesy Rubber Industries Pvt. Ltd. Vs. Kamal Bansal: C.O. (COMM.IPD-TM) 542/2022:27th February, 2025:Hon'ble Mr. Justice Amit Bansal:2025:DHC:1451
Legal Principles and Law Settled:
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Prior User and Registration Rights: The petitioner established its prior use and registration of the trademark "VKC" since 1985, which is protected under the Trade Marks Act, 1999, particularly referencing Sections 9(1)(a), 11(1)(a), and 18, which safeguard prior users and registered marks.
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Conflicting Marks and Likelihood of Confusion: The court held that the respondent's mark "VKG" is deceptively similar to the petitioner's "VKC," both visually and phonetically, which is likely to cause confusion among consumers and amount to passing off, violating Sections 9(1)(a) and 11(1)(a) of the Act.
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Dishonest Adoption and Deceptive Similarity: The court found that the respondent adopted the mark "VKG" dishonestly to trade upon the goodwill of the petitioner’s established mark "VKC," contravening Sections 47 and 57 of the Act, which relate to cancellation and rectification of the Register of Trade Marks for dishonest registration.
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Invalidity of Registration: The court decreed to cancel the registration of "VKG" based on its similarity with "VKC," and on grounds that the registration was obtained dishonestly, and was in violation of the Act, citing the applicable sections.
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Ex-parte Proceedings: Due to non-appearance of the respondent despite proper service, the court proceeded ex-parte, reaffirming that a failure to defend does not preclude the court from granting relief.
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Order to Remove the Trademark: The court directed the Trade Mark Registry to remove the trademark "VKG" from the register, emphasizing the importance of protecting prior rights and preventing deceptive registration.
