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KRISHNA RAO
Girnar Food and Beverages Pvt. Ltd. – Appellant
Versus
Registrar of Trade Marks – Respondent
JUDGMENT :
KRISHNA RAO, J.
1. The appellant has filed the present appeal under Section 91(1) of the Trade Marks Act, 1999, against the order passed by the Registrar Trade Marks dated 22nd July, 2023, wherein the opposition filed by the appellant being no. 718498 against the application No. 1411841 in Class 30 of the respondent, was rejected and permitted the application filed by the respondent to proceed for registration.
2. On 8th February, 1989, registration of “JUMBO” mark was granted to the appellant with respect to Tea and Spice (Foods). On 11th September, 2006 further two marks have been registered.
3. It appears from the records that the appellant had notified the respondents regarding the application and its proceeding filed before this Court, but even after being notified about the same, none appears on behalf of the respondents. Thus, this Court had heard the matter ex-parte.
4. The appellant is an old and reputed company carrying on business of manufacturing, selling, and exporting tea including black tea, green tea, flavoured tea, fruit tea/infusions, herbal infusions and premixed tea, iced tea and coffee. The appellant has various offices, factories and warehouses in Ahmeda
The decision emphasizes the importance of prior use and consumer confusion in trademark disputes, reinforcing the need for evidence in claims of trademark registration.
A prior user of a trade mark has superior rights in passing off actions, preventing unauthorized use by subsequent users, especially when marks are likely to confuse consumers.
The court held that registration of trademarks does not grant exclusive rights over a common or partially generic term, emphasizing the need for distinctiveness to prevent confusion.
The principle of prior user of a trademark prevails over subsequent registrations, especially when confusion or association is likely between goods and services of similar trade sectors.
The main legal point established in the judgment is the protection of trademarks and prevention of passing off, based on prior adoption, continuous commercial user, goodwill, and deceptive similarity....
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