Law case study by neetu

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HONDA MOTORS CO. LTD. V/s. MR. CHARANJIT SINGH
A TRADEMARK CASE STUDY

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Law case study by neetu

  1. 1. HONDA MOTORS CO. LTD. V/s. MR. CHARANJIT SINGH - A TRADEMARK CASE STUDY
  2. 2. What is a TRADEMARK?  A trademark is a recognizable sign, design or expression which identifies products or services of a particular source from those of others. The trademark owner can be an individual, business organization, or any legal entity.  Trademarks serve to identify a particular business as the source of goods or services.  The trade mark is for protecting the name of the product or services rather the product itself.
  3. 3. Types of TRADEMARK SYMBOLS For a registered trademark For an unregistered Service mark, that is, a mark used to promote or brand services For an Unregistered Trademark, that is, a mark used to promote or brand goods.
  4. 4. HISTORY  The law of trademark in India before 1940 was based on the common law principles of passing off and equity as followed in England before the enactment of the first Registration Act, 1875.  The first statutory law related to trademark in India was the Trade Marks Act, 1940 which had similar provision like the UK Trade Marks Act, 1938.  In 1958, the Trade and Merchandise Marks Act, 1958 was enacted.  It was repealed by the Trade Marks Act, 1999 and is the current governing law related to registered trademarks. The 1999 Act was enacted to comply with the provisions of the TRIPS(Agreement on Trade Related Aspects of Intellectual Property Rights).
  5. 5. HONDA MOTORS CO. LTD. V/s. MR. CHARANJIT SINGH  Honda Motors Ltd has been using the trade mark HONDA for its products in India since 1957.  Its quality products and marketing the same under the mark HONDA has helped it to achieve a very high turn over.  On account of its initial adoption and its extensive use, the mark HONDA became exclusively associated with the Honda Motors Company Ltd. in the eyes of the consumers.  It, in fact, became a house mark of the plaintiff.
  6. 6. HONDA MOTORS CO. LTD. V/s. MR. CHARANJIT SINGH  In the year 1997, the plaintiff promoted the company Honda Siel Cars India Ltd. , which is engaged in the manufacture and sale of motor cars under the house mark HONDA and the sub-brand CITY.  The plaintiff has also obtained several registrations of the trade mark HONDA in India in various classes under the Trade and Merchandise Marks Act, 1958.  It has also applied for registration of the trade mark HONDA in all the classes contained in 4th Schedule to the Trade and Merchandise Marks Rules, 1959.  The plaintiff's case is that the goodwill and reputation of its mark HONDA has made the said mark distinctive of the plaintiff being a symbol of high quality products.
  7. 7. HONDA MOTORS CO. LTD. V/s. MR. CHARANJIT SINGH  The use of trademark HONDA by defendant Company was creating deception or confusion in the minds of the public at large and such confusion was causing damage or injury to the business, reputation, goodwill and fair name of the plaintiff.  Hence court has restricted the defendants from using the trademark HONDA in respect of pressure cookers or any goods or any other trade mark/marks, which are identical with and deceptively similar to the trade mark HONDA of the plaintiff and to do anything which amounts to passing off to the goods of the plaintiff.

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