In response to a plea filed by The Beer Cafe, the Delhi High Court on March 12 has directed the removal of the 'Be The Beer' mark from the Register of Trade Marks..Justice Anish Dayal observed,"Considering that there is no response from respondent No.1, the averments of petitioner, would stand admitted, aside from the facts of prior registration, user and deceptive similarity. Accordingly, the petition is allowed. The impugned mark of respondent No.1 be removed from the register. The website of Registrar of Trade Marks be updated accordingly." The Court directed that the same should be done within a period of four weeks by the Registrar of Trade Marks..The Court was hearing a plea moved by BTB Marketing Private Limited, the entity which owns The Beer Cafe chain, seeking rectification of 'Be The Beer' trademark registered in favour of one Deepshikha Singh in October 2017.BTB Marketing argued that the 'Be The Beer' mark was a visual representation of its own mark being utilized for Singh's cafe..It was argued that because BTB Marketing operates in the food and beverage industry and runs cafes, the mere addition of the prefix 'BE' was creating a deceptive similarity with its registered mark, which had been in prior use.After taking into consideration the facts of the case, the Court directed the removal of the 'Be The Beer' mark from the Register of Trade Marks.Advocate Rishi Kapoor and Devoleena Datt appeared for petitioners..[Read Order]
In response to a plea filed by The Beer Cafe, the Delhi High Court on March 12 has directed the removal of the 'Be The Beer' mark from the Register of Trade Marks..Justice Anish Dayal observed,"Considering that there is no response from respondent No.1, the averments of petitioner, would stand admitted, aside from the facts of prior registration, user and deceptive similarity. Accordingly, the petition is allowed. The impugned mark of respondent No.1 be removed from the register. The website of Registrar of Trade Marks be updated accordingly." The Court directed that the same should be done within a period of four weeks by the Registrar of Trade Marks..The Court was hearing a plea moved by BTB Marketing Private Limited, the entity which owns The Beer Cafe chain, seeking rectification of 'Be The Beer' trademark registered in favour of one Deepshikha Singh in October 2017.BTB Marketing argued that the 'Be The Beer' mark was a visual representation of its own mark being utilized for Singh's cafe..It was argued that because BTB Marketing operates in the food and beverage industry and runs cafes, the mere addition of the prefix 'BE' was creating a deceptive similarity with its registered mark, which had been in prior use.After taking into consideration the facts of the case, the Court directed the removal of the 'Be The Beer' mark from the Register of Trade Marks.Advocate Rishi Kapoor and Devoleena Datt appeared for petitioners..[Read Order]
