In a recent judgment, the Hon'ble Delhi High Court's decision on April 04, 2024, in the case of Kaira District Cooperative Milk Producers Union India Ltd. & Anr. V. D N Bahri Trading as the Veldon Chemical and Food Products & Anr ., has affirmed the strength and recognition of well-known trade marks in India. This recognition is not just a testament to AMUL's enduring legacy in the Indian market, but also a significant milestone in the realm of intellectual property rights. This article delves into the key points of the case, the legal issue at stake, the court's decision and the importance of trade mark search under Rule 33 of the Trade Marks Rules.
I. Background of the case
The Petitioner, Kaira District Cooperative Milk Producers Union India Ltd., which operates under the name "AMUL", had filed a rectification petition under Sections 47 and 57 of the Trade Marks Act, 1999 against D N Bahri trading as the Veldon Chemical and Food Products challenging their registration for the mark provide Registration No. 1182469 in Class 32.
II. Submissions by the Parties
1. On Behalf of the Petitioner
- The Petitioner also referred to as "AMUL" (earlier known as ANAND MILK UNION LIMITED), is a well-established name in the Indian market, and has several registrations for the mark AMUL and variations thereof in various classes including Class 32, few of which are tabulated below-
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