The Intellectual Property Appellate Board (IPAB) has rejected Red Bull’s plea for the removal of trademark registered in the name of Dr. Reddy’s Laboratories Limited.
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In its petition, Red Bull said it has adopted a trademark with the tagline ‘Gives You Wings’ and claimed it is a pioneer in using such a unique concept for its promotional and advertising material and due to the extensive publicity, the concept of an animal/human acquiring wings after consumption of the Red Bull Energy Drink has become exclusively associated with it. Red Bull said in India it is the registered proprietor of the mark ‘Gives You Wings.’.
In its petition, Red Bull said its attention was drawn to the trademark registered in November 2001 with the tagline ‘Your Wings to Life’, in the name of Dr. Reddy's Laboratories Limited. Red Bull also noted that Dr. Reddy's have not undertaken any activity to commence use of the impugned registration and sought its cancellation.
Dr. Reddy’s has not used the trademark ‘Your Wings to Life’ for the goods in respect of which it stands registered for almost 15 years, and does not have any intention to do so, Red Bull said and alleged that the registration has been obtained malafidely with an ulterior motive. Dr. Reddy’s did not file a counter statement.
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As per the scheme of the Act, in order to decide the rectification, filing of counter-statement is not mandatory, IPAB said.
“The rival trademarks are neither deceptively similar nor identical with. The applicant mark Your Wings to life is not the main mark. It is the sub brand. The goodwill and reputation alleged by the applicant is not pertaining to the main mark Red Bull,” IPAB noted.
The question of non-user will arise if the party who is seeking rectification is an aggrieved party. In our view both trademarks are not similar, IPAB said and dismissed the petition.