Allowed

Maharashi Patanjali Vidya Mandir Samiti v. Registrar of Trademarks

Delhi HC9 Feb 2024C.A.(COMM.IPD-TM)/70/2022

Case brief

AI extract

What is this about?

The Delhi High Court allowed an appeal against the refusal of registration for a modified device trade mark 'PATANJALI RISHIKUL'. The Court directed the Trademarks Registry to proceed with advertisement, subject to a disclaimer on the word 'PATANJALI' to avoid conflict with its status as a well-known mark.

What did the court decide?

The appeal was allowed; the impugned order of refusal was set aside; the Registry was directed to process the form and advertise the modified mark with a disclaimer on the word 'PATANJALI'.

Maharashi Patanjali Vidya Mandir Samiti Vs Registrar of… — Intellectual Property | Delhi HC (2024)

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$~10

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- C.A.(COMM.IPD-TM) 70/2022

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MAHARASHI PATANJALI VIDYA MANDIR SAMITI

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..... Appellant

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Through: Mr. Amique Khalid and Mr. Shahid Khan, Advocates.

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versus

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REGISTRAR OF TRADEMARKS ..... Respondent

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Through: Mr. Harish Vaidyanathan Shankar, CGSC with Mr. Srish Kumar Mishra, Mr. Alexander Mathai Paikaday and Mr. Krishnan V., Advocates.

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CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA

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O R D E R % 09.02.2024

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The Appellant had preferred an application for multi-class registration of the trademark “PATANJALI RISHIKUL” under application No. 2123881,⁵ which has been refused by Respondent on 11^th June, 2018 on the ground of Section 11(1)(a) and 11(1)(b) of the Trademarks Act, 1999 [ hereinafter, “ Act ”].⁶ The present appeal is directed against the said refusal. 2. During the pendency of the appeal, to meet the above-noted objections, the Appellant has modified the subject mark from a word mark “PATANJALI NURSERY SCHOOL” to a device mark

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5 For classes 16, 25 and 41.

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6 As per Statement of Grounds and Reasons dated 26th July, 2018.

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/12/2024 at 14:59:44

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“ ” and to bring the said change on record, Appellant has also filed Form TM-M on 05^th January, 2023 (bearing Ref No.: A-2123881) with the Trademarks Registry.

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“

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Counsel for Respondent submits that even the modified device mark should not be accepted in view of declaration of “PATANJALI” as a wellknown mark in relation to Ayurvedic, Medicines, Herbal Home Care, Food Product and Natural Personal Care, by the Registrar of Trademarks.

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The Court has considered the afore-noted. The modified mark applied for is a composite logo, containing several features such as an encircled device of a book and a stick figure with blooming leaves/ flowers, with the words “PATANJALI RISHIKUL” along with the phrase “Our Children Our Future” written around it. This distinguishes the modified mark from the marks cited in the Examination Report dated 21^st June, 2012. Further, counsel for Appellant, on instructions, states that Appellant is willing to disclaim the word “PATANJALI” which incidentally, is also the name of Maharshi Patanjali, the author of Yoga Sutra.

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For the foregoing reasons, the Appellant’s application for the modified mark can proceed to advertisement before acceptance as per proviso to Section 20(1) of the Act. Accordingly, the appeal is allowed with the following directions: (a) The impugned order dated 11^th June, 2018 read with the Statement of Grounds dated 26^th July, 2018 is set aside.

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/12/2024 at 14:59:44

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(b) Trademarks Registry is directed to process the Form TM-M filed by Appellant within four weeks from today, whereafter, the modified mark

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“ ” be advertised before acceptance as per proviso of Section 20 of the Act, within a period of three months.

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(c) It is clarified the subject mark shall not grant any exclusive rights in the words “PATANJALI”. This disclaimer/ condition shall be reflected in the Trademarks Journal at the time of advertisement as also if the subject mark ultimately proceeds for registration.

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(d) On advertisement in the Trademarks Journal, an intimation shall be sent by Trademarks Registry to the registered proprietor of the cited marks. (e) If there is any opposition, the same shall be decided on its own merits, uninfluenced by observations made hereinabove.

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(f) Appellant shall also send a copy of the order passed today to the proprietor of competing/ cited marks.

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With the above directions, the appeal is disposed of along with pending application(s), if any.

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Registry is directed to supply a copy of the present order to the Trade Marks Registry at [email protected] for compliance.

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SANJEEV NARULA, J

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FEBRUARY 9, 2024/ as

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Maharashi Patanjali Vidya Mandir Samiti v. Registrar of Trademarks

Case brief

What is this about?

What did the court decide?

Maharashi Patanjali Vidya Mandir Samiti v. Registrar of Trademarks

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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