Delhi High Court refused Pidilite’s plea to cancel the ‘Kwikheal’ trademark, citing lack of exclusive rights. Legal experts weigh in on the decision.
In a recent ruling, the Delhi High Court has declined to annul the registration of the ‘Kwikheal’ trademark, dismissing a plea brought forth by Pidilite Industries Limited, a prominent Indian adhesives manufacturer headquartered in Mumbai.
Justice Anish Dayal underscored that while Pidilite holds a statutory right to its registered mark ‘Fevikwik,’ it does not confer an exclusive right over the use of ‘Kwik.’ The court emphasised, ‘Having no such exclusive right on ‘KWIK,’ there cannot be a right of rectification against ‘KWIKHEAL.”
Pidilite had sought the removal of the ‘Kwikheal’ mark, which was registered as a trademark in December 2014. The company claims ownership of the mark ‘fevikwik’ since January 1987.
Justice Dayal pointed out that the common and dominant part of various Pidilite marks is ‘Fevikwik,’ followed by a sub-brand depending on the product. The court asserted, ‘The fact that the respondents registered device mark has the word ‘KWIK’ as part of ‘KWIKHEAL’ would not stop the respondent from claiming commonality in the word KWIK.’
The court concluded that ‘kwik’ would not be the predominant portion of Pidilite’s marks, making it challenging to justify removing the ‘kwikheal’ mark from the Register of TradeMarks.
Moreover, the court emphasised that Pidilite cannot monopolise the use of the mark ‘KWIK’ and its variations. It stated, ‘The petition for rectification has to stand on its own legs and not take the crutch of the Bombay High Court’s prima facie findings.’
Counsel for Petitioner: Mr. Manish Dhir, Adv
Counsel for Respondents: Mr. Mrinal Litoria, Adv. for R-1; Mr. Harish Vaidyanathan, CGSC along with Mr. Srish Kumar Mishra, Mr. Alexander Mathai Paikaday, Mr. Lakshay Gunawat, and Mr. Krishnan V. for R-2
Our experts analyse the recent verdict from the Delhi High Court regarding the ‘Kwikheal’ trademark dispute brought forth by Pidilite Industries Limited. The ruling highlights the complexity of trademark law and the significance of established rights in protecting intellectual property.
The court’s decision not to annul the registration of the ‘Kwikheal’ mark underscores the importance of a nuanced understanding of trademark rights and the limitations of exclusivity over certain elements within a mark.
This ruling serves as a reminder to businesses regarding the necessity of conducting thorough trademark searches and adopting distinctive marks to avoid potential conflicts. Vakilsearch emphasises the need for companies to proactively safeguard their intellectual property rights through comprehensive legal strategies tailored to their specific business needs. For IP registration and trademark objection contact our experts today.
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