In accordance with the provisions delineated within the Trade Marks Act of 1999, the Delhi High Court has officially recognized Haldiram, along with its distinctive oval-shaped logo, as possessing the status of a ‘well-known’ trademark specifically within the domain encompassing food items, restaurants, and eateries.
The Trade Marks Act of 1999 stipulates provisions for the protection of ‘well-known’ trademarks to forestall their misuse and mandates the Registrar to uphold their integrity against any registration of analogous trademarks. Upon the declaration of a mark as ‘well-known’, the proprietor is vested with the authority to restrain others from registering or utilizing identical or similar marks for distinct goods and services.
Findings of the Delhi High Court
In the adjudication rendered on April 3 by Justice Prathiba Singh, serving as the sole judge on the bench, it was affirmed that the food brand, Haldiram, holds significant historical and cultural significance within the culinary landscape of India and has subsequently extended its influence on a global scale. The High Court determined that the trademark associated with the brand inherently confers distinctiveness upon its products and serves as an assurance of quality.
The Delhi High Court unequivocally affirms that the brand ‘Haldiram’s’, originating from and deeply entrenched within India’s vibrant culinary heritage, has not only attained prominence within the domestic market but has also exerted its influence on a global scale, surpassing geographical, cultural, and national confines.
It is noted that the mark and logo ‘Haldiram’ have been consistently employed within the food industry since the 1960s, consequently attaining the designation of a ‘well-known mark.
Cause of action
The High Court’s ruling came after Haldiram initiated legal proceedings to secure protection for its trademark, citing instances where various enterprises utilized similar iterations of its trademark to market their own products. One such example includes ‘Haldiram Restro Private Ltd’ located in Ambala, which was found to be marketing commodities such as ghee, salt, rice, and flour under the brand name ‘Haldiram Bhujiawala and the same was discovered on September 2019 by the Local Commissioner duly appointed by the High Court to conduct an inquiry into the matter.
Haldiram India petitioned for a permanent injunction against an imitating entity located in Ambala CityHaryana, which was marketing products under the trademark ‘Haldiram Bhujiawala’.
Penal action taken by the Hon’ble court
Furthermore, the High Court imposed a monetary penalty of Rs 50 lakh on the entity based in Ambala and directed it to remit Rs 2 lakh as reimbursement for the costs incurred by Haldiram India.
Contributions:
Author – Ketan Joshi (Senior Associate)
Co-Author – Deepakshi Bhalla (Intern)
