The Delhi High Court has ruled that “Haldiram” as well as its oval-shaped red logo is a “well-known” trademark in relation to food items, restaurants, and eateries, under the Trade Marks Act, 1999.
Justice Pratibha M Singh expressed that a well-known mark is one that gives products a unique identity and a promise of quality that goes beyond just one place or area. It’s like a brand that people everywhere recognise and trust for its quality.
According to the reports the order said “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.”
“There is no doubt that the “Haldiram” 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,” the court added.
Haldiram India filed a request for the protection of its trademark “Haldiram” with the high court. In accordance with the Trade Marks Act of 1999, it also requested that its mark, along with its variations such as ‘Haldiram Bhujiawala’, be deemed “well-known”.
As per reports, due to Haldiram’s strong brand reputation, numerous similar variations of its name and trademark were available in the market. For instance, a company named “Haldiram Restro” in Ambala City, Haryana, was selling items like ghee, salt, rice, and flour under the brand name “Haldiram Bhujiawala.”
In response, Haldiram India filed a request for the protection of its trademark “Haldiram” with the high court. In accordance with the Trade Marks Act of 1999, it also requested that its mark be deemed “well-known” over the entirety of India.
The lawsuit was filed against Haldiram Restro, based in Haryana, and its proprietors for allegedly using the mark ‘Haldiram Bhujiawala’ to promote various products, including ghee, salt, wheat flour, packaged water, and basmati rice. Haldiram sought to prevent the defendants from selling its products under any other deceptive similar marks.
The High Court awarded Haldiram Rs 50 lakh as damages along with Rs 2 lakh in costs. Additionally, it has permanently restrained the defendant entity from using the marks that bear deceptive similarity to those of Haldiram’s.
