Delhi HC Yesterday (2nd April), officially recognized Haldiram as a renowned brand, affirming its status in the market.
NEW DELHI: On Tuesday, the Delhi High Court pronounced ‘HALDIRAM’ and its distinctive red oval-shaped symbol as well-known trademarks for food products, restaurants, and eateries, according to the case of Haldiram India Pvt Ltd v. Berachah Sales Corporation & Ors.
Justice Prathiba M Singh issued the order, observing that Haldiram has been utilizing the mark since the 1960s.
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The Court expressed,
“Based on the allegations in the complaint, the evidence on record, and the established reputation of the ‘HALDIRAM’S’ mark and logo, it is evident that the Plaintiffs’ mark and logo ‘HALDIRAM’, along with the Oval-shaped mark, have attained the status of ‘well-known’ marks. Considering their usage in the food industry since the 1960s and other pertinent factors, the mark and logo ‘HALDIRAM’ have rightfully achieved the designation of a ‘well-known mark’. Consequently, a decree is granted, declaring the mark ‘HALDIRAM’, as well as the Oval-shaped mark, as ‘well-known’ marks for food items, restaurants, and eateries.“
In a comprehensive ruling, the Court stated that,
“The notion of a ‘well-known’ mark is ‘dynamic’ and emphasized that such a mark possesses. The ability to grant products with distinctiveness and an assurance of quality that surpasses geographical limitations.”
The Plaintiff, Haldiram’s, exports its products not only within Asia but to numerous other countries. In this regard, the assertion for ‘HALDIRAM’ to attain recognition as a ‘well-known’ mark across India, including West Bengal, underscores the Plaintiff’s cultural and commercial influence. This flexibility aims to protect the goodwill and confidence the mark holds among consumers, regardless of territorial boundaries. By issuing this declaration, the Court acknowledges the current consumer perceptions concerning average consumers in the food and snacks industry.
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The Court emphasized that despite territorial divisions among certain family members of the company, it would not impact the decision to declare the HALDIRAM mark as well-known.
Justice Singh made these remarks while addressing a plea filed by Haldiram, seeking a declaration that its mark HALDIRAM, along with variations like HALDIRAM BHUJIAWALA, should be recognized as well-known under Section 2(1)(zg) of the Trade Marks Act, 1999.
Haldiram also requested to prohibit certain individuals from using marks that are deceptively similar to its own.
After reviewing the case, the Court ruled in favor of Haldiram.
Justice Singh ordered,
“Taking into account the declaration in favor of the Plaintiff and the decree issued , all trademark applications submitted by the Defendants for the registration of ‘HALDIRAM’ and ‘HALDIRAM BHUJIYAWALA’ shall be dismissed by the Registrar of Trademarks. The Plaintiff is directed to furnish the details of the applications filed by the Defendants regarding the mentioned marks to the Office of the CGPDTM within one week,”