The High Court says that just because Parle Products started producing goods using the stated mark earlier than Avon Agro, it will not preclude the latter from asserting its right
The Delhi High Court (HC) has dismissed the appeal of Parle Products against the order of Registrar of Trademarks that registered the ’20-20’ trademark in Avon Agro Industries’ favour for products such as coffee, tea, biscuits and others.
The reports noted that the HC highlighted that just because Parle Products started producing goods using the stated mark earlier than Avon Agro, it will not preclude the latter from asserting its right or from obtaining the mark’s registration in its favour.
The court added that Section 18 of the Trade Marks Act does not postulate two separate dates of registration that includes one for those who waited till registration and another for that party which started production in the interregnum while the application was still being considered and no decision was taken.
The Delhi HC pointed out that it found no merit in the contentions of Parle and added that the company has clearly mentioned that the rival marks were different from one and another, phonetically, visually and conceptually. It had also highlighted that it would limit the application of the mark to biscuits only.
The court highlighted that it is beyond understanding that the same company is now contending that the mark is deceptively similar and has given the reason that it cannot be registered on the ground that it had started using the mark earlier. It is a classic example of a party approbating and reprobating at the same time, the court said in its order, as per the reports.
Avon Agro had been actively pursuing its trademark application for the rights from 2007 to 2025. The company submitted the application registration for the mark in September 2007, while Parle Products applied in October 2007.
