Is Registration of PEPSI allowed to be registered by other proprietors under Trade Marks Act. “No.” Says Trade Marks Registry.

29 Mar Is Registration of PEPSI allowed to be registered by other proprietors under Trade Marks Act. “No.” Says Trade Marks Registry.

THE END OF ILLEGALLY COPYING FOREIGN TRADEMARK WITH HUGE INTERNATIONAL GOODWILL?

An Application for registration of trade mark “Pepsi” was made in respect of hosiery and readymade garments in Class-25. The applicant did not give any  explanation given by the application as to how he adopted the mark. He could not also give any basis for adoption — No documentary evidence in support of use of the mark — Opposition by PEPSICO Inc- which enjoys a huge reputation and goodwill not only in India but also internationally- was allowed and application for registration rejected.

The Tribunal said: “This Tribunal is not convinced with the very adoption of the impugned mark by the Applicant and the same is evidently shrouded with doubt with regard to its bona fide. However keeping in view the use and reputation of the Opponents’ registered trade mark, the use of the impugned mark undoubtedly is likely to cause confusion and deception during the course of trade and hence prohibited for registration under Section 11 of the Act and the issue is decided accordingly. Similarly it is difficult to digest the honesty and bona fide of the Applicant with regard to the circumstances leading to his adoption of the impugned mark and the issue under Section 18(1) shall also go against the Applicant and is ordered accordingly. Also the discretion of this Tribunal shall go against the Applicant under Section 18(4) of the Act keeping in view the overall facts and circumstances of the case and more particularly the type of evidence of use which has been filed in these proceedings and in the absence of plausible explanation by the Applicant leading to the adoption of the impugned mark.

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