Delhi High Court declares Haldiram as a well-known mark

The Delhi High Court on Tuesday declared ‘HALDIRAM’ as well as the red oval-shaped mark of the brand as a well-known trademark in respect of food items, restaurants and eateries [Haldiram India Pvt Ltd v. Berachah Sales Corporation & Ors]. .Justice Prathiba M Singh passed the order after noting that Haldiram has been using the mark 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 detailed order, the Court opined that the concept of a 'well-known' mark is ‘dynamic’ and that a well-known mark has the “ability to imbue products with distinctiveness and assurance of quality that extends beyond mere geographical confines”.“The Plaintiff [Haldiram’s] exports its products not just within Asia, but to a large span of other countries. In this context, the claim for 'HALDIRAM' to be recognized as a 'well-known' mark throughout India, inclusive of West Bengal, is a testament to the Plaintiff’s cultural and commercial imprint. Such dynamism aims to safeguard the goodwill and trust a mark commands among consumers, irrespective of territorial divisions. By granting such a declaration, the Court is also aware of the present realities of consumer perception in relation to the average consumers in the food and snacks industry.”The Court underscored that though there may be a division between certain family members of the company territorially, it would not affect the decision in declaring the HALDIRAM mark as well-known..Justice Singh made the observations while dealing with a plea filed by Haldiram seeking a declaration that its mark HALDIRAM as well as its variations such as HALDIRAM BHUJIAWALA be declared well-known in terms of Section 2(1)(zg) of the Trade Marks Act, 1999.Haldiram also sought to restrain certain people from using the marks deceptively similar to its own..After considering the case, the Court ruled in favour of Haldiram.“Considering the declaration granted in favour of the Plaintiff, and in view of the decree passed today, all trade mark applications filed by the Defendants seeking registration of ‘HALDIRAM’ and ‘HALDIRAM BHUJIYAWALA’ shall be rejected by the Registrar of Trademarks. Let the Plaintiff provide the details of the applications filed by the Defendants in relation to the said marks within one week to the Office of the CGPDTM,” Justice Singh ordered..Advocates Neeraj Grover, Arpita Mishra, Kashish Sethi, Sunidhi Gupta, Ayushi Chandra and Ritu Khandelwal appeared for Haldiram..[Read Judgment]