The Intellectual Property Appellate Board (IPAB) on Friday issued an order of the removal of trademark registration made in favor of the Kolkata based-Halidram Bhujiawala. Now Haldiram (India) Pvt. Ltd, New Delhi, alone can utilize the trademark 'Halidram Bhujiawala'. The decision finished a long-drawn disagreement between family members of Ganga Bishan, who first received the trademark.
Decision in favor of the New Delhi-based firm, the Board embraces its Vice Chairman S. Usha and its member V. Ravi held that the owners of the Kolkata firm had not created any rational evidence and "therefore, the registration is in breach of the provisions of the Trade Marks Act."
The trademark 'Haldiram Bhujiawala' was taken on in 1941 by Bishan, in admiration of his business for the manufacture and sale of sweets, papads and snacks. Bishan prolonged his business to other cities, counting Kolkata. In 1972, an application for the trademark's registration was filed for the entire of India. Under a family array, Moolchand, one of Bishan's sons, was moving on business in all the territories, apart from West Bengal, while the family of another son, Rameshwar Lal, was permitted to do their business simply in West Bengal. Mr. Lal and his son Prabhu Shankar acquired the registration in 1980 for the similar goods for using the trademark in Kolkata.
After Lal's passing away, his sons endangered to open a retail outlet under the similar name in Karol Bagh, New Delhi in 1991. Distressed by the trademark remaining on the Registry of Trade Marks, Kolkata, the sons of Moolchand, the owners of Haldiram (India) Pvt. Ltd., New Delhi, filed the application to revoke the registration made in 1980. Halidram, New Delhi, said the registration was mistakenly made and was enduring wrongly on the register.
The Board affirmed: "It is clear that Mr. Lal had not produced any proof to prove that the trademark had obtained distinctiveness. The trademark is neither individual, nor capable of being eminent as on the date of registration." Directing the Registrar of Trade Marks to terminate the trademark fixed in favor of Lal's sons, who own Haldiram Bhujiawala, Kolkata, the IPAB said that although they were aware of the applicant predecessors' use, they had concealed the fact and stated that they were the only firm using the trademark Haldiram Bhujiawala in Kolkata and that no other request was pending.