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Uzdaroji Akcine Bendrove Baltijos Mineraliniu Vandenu Kompanija vs. Mr. Sahil Tandon



In a recent judgement, the Delhi High Court cancelled registration of the trade mark, TICHE Device registered by one Sahil Tandon, trading as A and Z Exports International (“Respondent”) on the basis of its identity to the Petitioner’s (“Uzdaroji Akcine Bendrove (UAB) ―Baltijos Mineraliniu Vandenu Kompanija”) TICHE marks.

 

The Petitioner, a Lithuanian company specializing in the production of mineral water and soft drinks, filed the petition to cancel the registration for the Respondent’s TICHE Device mark, on the basis of its prior rights, owing to continuous use internationally since 1999, in the TICHE and TICHE-formative marks. The Petitioner further submitted that, owing to its extensive international use, the goodwill and reputation of the marks had spilled over into India. The Petitioner further contented that the parties had entered into a Sale and Purchase Agreement in 2015, in respect of goods manufactured by the Petitioner, including the ones under the TICHE marks.

 

The Respondent, on the other hand, argued that the petition ought not to be allowed as the Petitioner had not disclosed pertinent information regarding a document authorizing the Respondent to file trade mark applications for the TICHE marks and represent the Petitioner before the Trade Marks Registry. The Respondent also claimed that he has been actively engaged in the promotion of the product bearing the disputed trademark within India.

 

The court held that, it was clear that the Respondent’s role was confined to that of an agent authorized to represent the Petitioner in dealings with the Trade Marks Registry, and not to apply for trade mark registrations as claimed. The court observed that the Respondent had clearly acted beyond the scope of authority granted by the Petitioner, and wilfully and in bad faith applied for and obtained the registration for the TICHE Device mark. The court, accordingly, cancelled the registration for the disputed trade mark, and imposed costs of INR 1,00,000 on the Respondent.


Uzdaroji Akcine Bendrove Baltijos Mineraliniu Vandenu Kompanija vs. Mr. Sahil Tandon, trading as A and Z Exports International & Anr., C.O. (COMM.IPD-TM) 202/2022

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