Not Open For Court To Suo Motu Question Validity Of Trademark Registration If Not Disputed By Defendant
Case: Peps Industries Private Limited V. Kurlon Limited
Coram: Justice Vibhu Bakhru and Justice Amit Mahajan
Case No.: FAO(OS) (COMM) 94/2020
Court Observation: “Therefore, once the mark has been registered, it is accepted as, prima facie, valid unless an objection is raised questioning the validity of the registration and is adjudicated by the Court,”
“It is apparent from various documents on record that the consistent stand of KURLON has been that the mark ‘NO TURN’ is a coined term, is distinctive, and inherently unique. Therefore, the learned Single Judge has fallen in error in holding that the mark ‘NO TURN’ is descriptive and therefore, KURLON is not liable to be restrained from using the mark notwithstanding that it [Kurlon] has never raised any objection as to the validity of the said mark on the ground of it being descriptive,”
“It is not necessary for this Court to speculate whether PEPS could claim any exclusivity in respect of the trademark notwithstanding that the same was found to be descriptive. Since no issue that the trademark was not descriptive was raised, there was no occasion for PEPS to respond to the said defence,”
“In view of the above, the present appeal is allowed and the impugned judgment dated 16.03.2020 passed by the learned Single Judge in IA No.4871/2019 and IA No.6715/2019 in CS(COMM) No.174/2019 titled Peps Industries Private Limited v. Kurlon Limited, is set aside. KURLON is restrained from using the mark ‘NO TURN’ or any other trademark deceptively similar thereto, till the disposal of the suit,”
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Keywords
Trademark Registration
