Various variations had been being offered available in the market with the identify and trademark much like Haldiram.
Haldiram’s trademark and emblem has been within the meals trade because the Nineteen Sixties, and has achieved the standing of a ‘properly-recognized mark’, observes the excessive courtroom
The High Court of Delhi has declared Haldiram’s mark as a “well-known” trademark in respect of meals objects in addition to eating places and eateries. It noticed that Haldiram model has its origin deeply rooted in India’s wealthy culinary custom, and has now prolonged its affect globally.
Haldiram Trademark: What Is The Issue?
Given Haldiram’s model worth, numerous variations had been being offered available in the market with the identify and trademark much like Haldiram. One such entity from Ambala City in Haryana, ‘Haldiram Restro Private Ltd’, was promoting merchandise like ghee, salt, rice and flour, beneath the mark ‘Haldiram Bhujiawala’.
Against this, Haldiram India approached the excessive courtroom to hunt safety of its mark ‘Haldiram’. It additionally sought the declaration of its mark as ‘well-known’ all through India by way of the Trade Marks Act, 1999.
‘Well-Known’ Mark To Haldiram: What High Court Said?
In its ruling dated April 2, the High Court of Delhi stated, “There is no doubt that the ‘Haldiram’s’ brand, with its origins deeply rooted in India’s rich culinary tradition, has not only established a presence within the national market but has also extended its influence globally, transcending geographical, cultural, and national boundaries.”
It stated Haldiram’s trademark and emblem has been within the meals trade because the Nineteen Sixties, and has achieved the standing of a ‘well-known mark’.
“Accordingly, a decree of declaration declaring the mark ‘Haldiram’, as well as the oval-shaped mark, as a ‘well-known’ mark in respect of food items as well as in respect of restaurants and eateries, is granted,” stated the excessive courtroom in its order.
The excessive courtroom additionally awarded Haldiram Rs 50 lakh as damages and Rs 2 lakh as prices.
What Are the Benefits of A ‘Well-Known’ Mark?
A single decide bench of Justice Prathiba Singh in its April 2 order noticed, “This court is of the opinion that the concept of a ‘well-known’ mark is ‘dynamic’. A well-known mark has the ability to imbue products with distinctiveness and assurance of quality that extends beyond mere geographical confines. The plaintiff exports its products not just within Asia, but to a large span of other countries.”
“Such dynamism aims to safeguard the goodwill and trust a mark commands among consumers, irrespective of territorial divisions,” the HC stated.
The Trade Marks Act, 1999, grants broader safety to ‘well-known’ logos to forestall their misuse and imposes an obligation on the Registrar to guard it towards comparable logos.
Once the ‘well-known’ mark is said, the proprietor can restrain any entity from in search of registration or utilizing equivalent or comparable logos even in relation to totally different items and providers.
