Trademark law prescribes trademarks to be non-descriptive of the goods and services that they are sought to be registered for. Marks such as “Apple” for electronics, “Dove” for bath products, “Mac” for cosmetics are the perfect examples. The Madras High Court has held that the brand CYCLE is unique with respect to incense sticks or Agarbathis. However, the Court was still not inclined to give a cross-class protection to the brand as it is a common English word.
N. Ranga Rao & Sons Pvt. Ltd. (hereinafter referred to as “Ranga Rao”) is the owner and registered proprietor of the mark CYCLE for Agarbathi. It wanted to secure its mark from being used by any other entity, claiming it to be a well-known mark. Thus, it filed an infringement and passing off suit[1] at the Madras High Court against Sree Annapoorna Agro Foods (hereinafter referred to as “Annapoorna”) to restrain it from using the mark CYCLE for edible oils. Annapoorna is into manufacturing edible oils since 2009 under the trademark CYCLE.
Ranga Rao contended that it is the top manufacturer and supplier of incense sticks and cognate goods since 1948. The trademark CYCLE was adopted by Ranga Rao in the year 1954. It has a number of variations of the mark CYCLE, registered under its name, including but not limited to Cycle Brand, Cycle Brand Three in One with the device of Cycle. All these marks are valid and subsisting as they are registered. These marks have been used for several decades extensively with respect to a variety of goods/ services including but not limited to cosmetics, food products and the like. The trademark CYCLE is registered in class 29 and 30 for several food products such as jelly, jam, dairy and milk, dried, preserved and cooked fruits and vegetables. It is also registered in class 3 for Hair Oil. The artistic features of the mark are also protected under the Copyright Act, 1957.
Ranga Rao alleged that Annapoorna adopted a mark identical to theirs for edible oils. It further argued that Annapoorna’s use of CYCLE will cause a confusion with respect to the origin of the goods. Ranga Rao also sent a cease and desist notice to Annapoorna to restrain the use of the mark CYCLE by Annapoorna.
Annapoorna further claims that the term CYCLE is not a coined word but is a general English word. Use and adoption of such general words do not give exclusive rights to the applicant. It says that it is the prior user of the mark CYCLE with respect to edible oils and has better rights in it.
Annapoorna also claimed that Ranga Rao has filed trademark application in classes 29 and 30 for food products without any documentary evidence of use of the mark. The registration is made by it with mala fide intentions, claimed Annapoorna. Ranga Rao’s mark is liable to be cancelled on the grounds of non-use in classes 29 and 30, argues Annapoorna.
The Court held in favour of Annapoorna. It held that though Ranga Rao is a pioneer in the use of the mark for Agarbathi / incense sticks, it has no evidence of use in classes 29 or 30. However, Annapoorna has shown use since at least from 2010, hence proving prior use for edible oils.
As regards to the distinctiveness of the mark CYCLE is concerned, the Court held that it comes from not just the word or device of cycle but from the use of the combination of the words ‘CYCLE BRAND AGARBATHIS’ along with the oval with logo of cycle placed at the centre. Thus, Ranga Rao’s mark is related to Agarbathis and incense sticks and not food products. Therefore, the differences between the goods are very evident and palpable.
The Court further held that the marks have been coexisting for at least past 8 years, before the institution of the suit and can very well continue to do so. Therefore, it held that Annapoorna’s use of CYCLE is not mala fide and justified.
"cycle" - Google News
October 13, 2021 at 09:09PM
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Co-existing like the two wheels of a cycle - Lexology
"cycle" - Google News
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