Sep 25: Gujarat High Court has said in its judgement that a registered trademark user has all the rights to prevent others from using that trade mark for other category of goods.
The judgement came in wake of a case filed by Kaira District Co-operative Milk Producers’ Union and the Gujarat co-operative Milk Marketing Federation (GCMMF) in connection of trademark infringement by two local shopkeepers who used their trademark Amul Chasmaghar and Amul Cut Pieces stores.
Amul filed a case in district court which also ruled the same that this is infringement on the trademark as that trademark is registered and can restrict others from using it. Though Amul Chasmaghar had challenged the order in High Court but even High Court upheld the order of the district court.
Justice Patel stated in his judgement that he finds no reason to entertain Amul Chasmaghar’s appeal as the trial court’s judgement was correct and legal and in tune with the provisions provided in the Trademarks Act 1999.
High Court said in its judgement that a registered trade mark will be considered infringed by a person who not being a registered proprietor or a person using by way of permitted use, uses a mark which is identical to the registered trademark and even if used for services or goods unrelated to the those for which trade mark has been registered.
They held that registered trademark cannot be used by other person without valid permission of the trademark user. One who uses such trademark of others can be stopped at any point. Such illegal use is not acceptable.
Judgement is useful not only to ‘Amul’ but even to other brands that can prevent others from misusing their trademark.
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