Рет қаралды 292
The Delhi High Court refused to remove or cancel the trademark of ‘Kwikheal’ in a plea filed by ‘Fevikwik’, saying that it cannot have a monopoly over a mark ‘Kwik’ and all its variations. Pidilite Industries Ltd. had filed a rectification application under Sections 47 and 57 of the Trade Marks Act, 1999 for removal or cancellation of the ‘Kwikheal’ mark in the Register of Trade Marks.
A Single Bench of Justice Anish Dayal observed, “… even though the petitioner has a statutory right in its registered mark ‘FEVIKWIK’, it does not confer an exclusive right over part of the mark in ‘KWIK’. Moreover, this was the express limitation imposed by the Registrar of Trademarks. Having no such exclusive right on ‘KWIK’ there cannot be a right of rectification against ‘KWIKHEAL’. In any event, rectification sought is of the respondent’s device mark which, as noted above, has distinctive dissimilarities. The petitioner cannot have monopoly over the mark ‘KWIK’ and all its variations.”
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