The Hindu Business Line : HC dismisses Modern Food’s writ petition on trademark issue

Chennai, June 17 In a case pertaining to the use of trademark ‘PRIYA’ for pickles and food products, two firms in Hyderabad and Vadodara have moved the Madras High Court, which has ruled that as and when the application was filed for registration of trademark under Section 18 of the Trademarks Act, 1999, it was open to the petitioner, Modern Food Products, Vadodara, to raise opposition under Section 21 before the Registrar.

Hearing a writ petition by the Vadodara firm, Mr Justice N. Paul Vasanthakumar held that the firm’s right was not in any way affected even during the pendency of its civil suit before the Court. Even against the orders of registration by the second respondent (Deputy Registrar of Trade Marks, Chennai), if the petitioner was still aggrieved, it was open to it to file a case under Section 50 before the Registrar or to appeal to the Intellectual Property Appellate Board, Ahmedabad under Section 91 and the Board was also empowered to issue interim orders.

The Judge referred to the petitioner’s prayer for issue of orders forbearing the first respondent (Secretary to Union Human Resources Dept) and the second respondent from advertising any application for the said trademark by the third respondent (Ushodaya Enterprises Ltd, Hyderabad) pending finality in civil proceedings. Dismissing the petition as there was no merit in the same, the Judge ruled that since the Act gave ample opportunity to oppose the registration and provided effective remedies, the petition was not maintainable.

The third respondent had applied for registration of the said trademark for which the petitioner filed objections/opposition. The matter was pending before the Intellectual Property Board, Ahmedabad. The grievance of the petitioner was that the third respondent continued to file applications before the Registrar for registration of products manufactured by it under trademark ‘PRIYA’ for which the petitioner had also asserted its rights. The petitioner, therefore, preferred a writ petition with the above said prayer.

The Judge held that the prayer in the writ petition being omnibus in nature and the first petitioner, having failed to establish his right before the civil court as also before the Board, Ahmedabad, was not justified in seeking prohibitory order from permitting the third respondent in advertising any application for the said trade mark.

Admittedly, the main suit (CS No. 608 of 1994) was still pending. Hence, the writ petition stood dismissed.

More Stories on : IPR | Courts/Legal Issues | Food & Dairy Products | Tamil Nadu

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