The High Court of Delhi has declared Haldiram’s mark as a “well-known” trademark in respect of food items as well as restaurants and eateries. It observed that Haldiram brand has its origin deeply rooted in India’s rich culinary tradition, and has now extended its influence globally.
Haldiram Trademark: What Is The Issue?
Given Haldiram’s brand value, various variations were being sold in the market with the name and trademark similar to Haldiram. One such entity from Ambala City in Haryana, ‘Haldiram Restro Private Ltd’, was selling products like ghee, salt, rice and flour, under the mark ‘Haldiram Bhujiawala’.
Against this, Haldiram India approached the high court to seek protection of its mark ‘Haldiram’. It also sought the declaration of its mark as ‘well-known’ throughout India in terms of the Trade Marks Act, 1999.
‘Well-Known’ Mark To Haldiram: What High Court Said?
In its ruling dated April 2, the High Court of Delhi said, “There is no doubt that the ‘Haldiram’s’ brand, with its origins deeply rooted in India’s rich culinary tradition, has not only established a presence within the national market but has also extended its influence globally, transcending geographical, cultural, and national boundaries.”
It said Haldiram’s trademark and logo has been in the food industry since the 1960s, and has achieved the status of a ‘well-known mark’.
“Accordingly, a decree of declaration declaring the mark ‘Haldiram’, as well as the oval-shaped mark, as a ‘well-known’ mark in respect of food items as well as in respect of restaurants and eateries, is granted,” said the high court in its order.
The high court also awarded Haldiram Rs 50 lakh as damages and Rs 2 lakh as costs.
What Are the Benefits of A ‘Well-Known’ Mark?
A single judge bench of Justice Prathiba Singh in its April 2 order observed, “This court is of the opinion that the concept of a ‘well-known’ mark is ‘dynamic’. A well-known mark has the ability to imbue products with distinctiveness and assurance of quality that extends beyond mere geographical confines. The plaintiff exports its products not just within Asia, but to a large span of other countries.”
“Such dynamism aims to safeguard the goodwill and trust a mark commands among consumers, irrespective of territorial divisions,” the HC said.
The Trade Marks Act, 1999, grants broader protection to ‘well-known’ trademarks to prevent their misuse and imposes an obligation on the Registrar to protect it against similar trademarks.
Once the ‘well-known’ mark is declared, the owner can restrain any entity from seeking registration or using identical or similar trademarks even in relation to different goods and services.
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