BRIEF OF
FACTS
- The Defendant registered 'Cadbury's Chocolate Eclairs' in 1974 in India. The City Civil Court made an order restraining the Informant from using the trademark 'Eclairs' or any other deceptively similar trademark on an application made by the Defendant.
- The informant started the business of confectionary products in 2002 under the brand names 'Mint O' and 'Candyman'. Since then it continuously used 'Eclairs' as a conjunction with its famous trademark 'Candyman'. It made an appeal to the Gujarat High Court against the order passed by the City Civil Court, Ahmedabad in favour of the Defendant.
CONCLUSION
The
Gujarat High Court allowed the Informant to manufacture and sell their
'Eclairs' products as 'Candyman Choco Eclairs' since the Defendant has not used
the generic word since 1994. The Informant then filed an application with IPAB
(Intellectual Property Appellate Tribunal) to remove trademark of the
Defendant. The reason for removal was non use of trademarks even after
obtaining registrations several years ago. Just the registration alone would
not use help to prove its use.
DECISION
The IPAB
ordered removal of three 'Cadbury's Chocolate Eclairs' trademarks registered in
India with IPAB.
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