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Delhi HC Declares HALDIRAM as Well-Known Trademarks for Food Industry

Delhi HC Declares HALDIRAM as Well-Known Trademarks for Food Industry

On Tuesday, the Delhi High Court officially recognized 'HALDIRAM' and its distinctive red oval-shaped logo as a well-known trademark within the realm of food items, restaurants, and eateries.

Justice Prathiba M Singh issued the order after observing that Haldiram has consistently utilized the trademark since the 1960s.

“…this Court is of the opinion that based on the averments in the plaint, the documents on record, and the reputation of the ‘HALDIRAM'S’ mark and logo as gleaned from the record, it is clear that the Plaintiffs' mark and logo 'HALDIRAM', as well as the Oval-shaped mark, have acquired ‘well-known’ status. Considering the use of the mark since the 1960s in the food industry, and the factors outlined above, the mark and logo 'HALDIRAM' have achieved the status of a 'well-known mark'.

Accordingly, a decree of declaration declaring the mark 'HALDIRAM', as well as the Ovalshaped mark, as a ‘well-known’ mark in respect of food items as well as in respect of restaurants and eateries, is granted,” the Court ordered.

In a comprehensive ruling, the Court expressed the view that the notion of a 'well-known' mark is 'dynamic,' emphasizing that such a mark possesses the capacity to bestow products with distinctiveness and a guarantee of quality that transcends mere geographical boundaries.

The Court emphasized that any territorial division among certain family members of the company would not impact the decision to declare the HALDIRAM mark as well-known.

Justice Singh made these observations while addressing a plea filed by Haldiram, which sought a declaration that its mark HALDIRAM, along with its variations like HALDIRAM BHUJIAWALA, should be recognized as well-known under Section 2(1)(zg) of the Trade Marks Act, 1999.

Haldiram also sought to prohibit certain individuals from using marks that were deceptively similar to its own. After careful consideration of the case, the Court ruled in favor of Haldiram.

Advocates Neeraj Grover, Arpita Mishra, Kashish Sethi, Sunidhi Gupta, Ayushi Chandra and Ritu Khandelwal appeared for Haldiram.

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