Kolkata’s Haldiram Bhujiawala stripped of its trademark

Published - April 27, 2013 04:24 am IST - CHENNAI

The Intellectual Property Appellate Board (IPAB) on Friday ordered the removal of trademark registration made in favour of the Kolkata based-Halidram Bhujiawala. Now Haldiram (India) Pvt. Ltd, New Delhi, alone can use the trademark ‘Halidram Bhujiawala’. The ruling ended a long-drawn dispute between family members of Ganga Bishan, who first adopted the trademark.

Ruling in favour of the New Delhi-based firm, the Board comprising its Vice Chairman S. Usha and its member V. Ravi held that the proprietors of the Kolkata firm had not produced any cogent evidence and “therefore, the registration is in violation of the provisions of the Trade Marks Act.”

The trademark ‘Haldiram Bhujiawala’ was adopted in 1941 by Bishan, in respect of his business for the manufacture and sale of sweets, papads and snacks. Bishan expanded his business to other cities, including Kolkata. In 1972, an application for the trademark’s registration was filed for the whole of India.

Under a family arrangement, Moolchand, one of Bishan’s sons, was carrying on business in all the territories, except West Bengal, while the family of another son, Rameshwar Lal, was allowed to do their business only in West Bengal. Mr. Lal and his son Prabhu Shankar obtained the registration in 1980 for the same goods for using the trademark in Kolkata.

After Lal’s death, his sons threatened to open a retail outlet under the similar name in Karol Bagh, New Delhi in 1991. Aggrieved by the trademark remaining on the Registry of Trade Marks, Kolkata, the sons of Moolchand, the owners of Haldiram (India) Pvt. Ltd., New Delhi, filed the application to cancel the registration made in 1980.

Halidram, New Delhi, said the registration was wrongly made and was remaining wrongly on the register.

The Board stated: “It is clear that Mr. Lal had not produced any evidence to prove that the trademark had acquired distinctiveness. The trademark is neither distinctive, nor capable of being distinguished as on the date of registration.”

Directing the Registrar of Trade Marks to cancel the trademark granted in favour of Lal’s sons, who own Haldiram Bhujiawala, Kolkata, the IPAB said that though they were aware of the applicant predecessors’ use, they had suppressed the fact and stated that they were the only firm using the trademark Haldiram Bhujiawala in Kolkata and that no other application was pending.

0 / 0
Sign in to unlock member-only benefits!
  • Access 10 free stories every month
  • Save stories to read later
  • Access to comment on every story
  • Sign-up/manage your newsletter subscriptions with a single click
  • Get notified by email for early access to discounts & offers on our products
Sign in

Comments

Comments have to be in English, and in full sentences. They cannot be abusive or personal. Please abide by our community guidelines for posting your comments.

We have migrated to a new commenting platform. If you are already a registered user of The Hindu and logged in, you may continue to engage with our articles. If you do not have an account please register and login to post comments. Users can access their older comments by logging into their accounts on Vuukle.