Trade Marks Act, 1999


Sections 27 & 29

Suit for declaration that the use of mark 'champion' as suffix to the mark 'Mach 3 Turbo' by the defendant is identical and deceptively similar to the registered trade-mark champion of the plaintiff

HELD In an action for infringement of trade-mark or of passing off, in order to obtain an order of temporary injunction, it is incumbent upon the plaintiff to show that the goods of the plaintiff have acquired a distinctiveness and are associated in the mind of general public as goods of the plaintiff and that the user of the said trade-mark or the trade-name by the defendant is likely to deceive and cause confusion in the public mind and cause injury to the business reputation of the plaintiff.

Although the plaintiff is the proprietor of the trade-mark champion in relation to safety razor blades and safety razors, but the plaintiff never manufactured nor marketed safety razor under the said brand name. Therefore, the apprehension of the plaintiff that an unwary customer will be deceived or confused or mislead is misplaced. Prima facie, it appears the mark/expression champion is; used alongwith the trade-mark Gillette Much 3 Turbo, which is in conformity with the trade practice.

mark/expression commonly used by the members of the trade for brand imagery and as a laudatory epithet. There is no likelihood of any confusion or deception between the two marks. Therefore Application for temporary injunction dismissed. However defendant should keep the accounts in respect of manufacture and sale of its product bearing the mark/expression champion during the pendency of the suit.

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