Trademark law places a significant onus on trademark registrants to act in good
faith when seeking registration and using their marks. In this article, we delve
into the case of ROCKPAPA, a brand specializing in children's products, and
explore the concept of "bad faith" in trademark registration, particularly in
the context of trademark cancellation.
ROCKPAPA, founded in 2014 in the UK, swiftly gained international recognition
for its children's products, including headphones, pencil boxes, and school
bags. The brand's trademark, 'ROCKPAPA,' became widely associated with quality
and innovation, extending its reach to the USA, Canada, Australia, and India in
In contrast, Respondent No.2 applied for the registration of the mark 'ROCKPAPA'
on January 7, 2020. The mark was officially registered under Certificate No.
2500462 on September 13, 2020, as per Trade Mark Journal No. 1966. This
registration stands as the focal point of the ongoing dispute.
Understanding Bad Faith:
In trademark law, "bad faith" refers to an unfair practice characterized by a
lack of honest intention, a deliberate wrongdoing, and actions that deviate from
accepted standards of commercial behavior.
It entails an intention to capitalize on the goodwill associated with another
party's trademark. In the case of ROCKPAPA, it is crucial to scrutinize whether
Respondent No.2's adoption of the trademark 'ROCKPAPA' was conducted in bad
Evidence of Bad Faith:
Several aspects of Respondent No.2's actions suggest bad faith:
- Similarity in Mark:
Respondent No.2 adopted a mark, 'ROCKPAPA,' strikingly similar to the
Petitioner's established trademark. This similarity extended to the use of
identical wording color, font, and style. Such a blatant replication raises
suspicions of an intention to confuse consumers and capitalize on the
goodwill associated with the original mark.
- Identical Goods:
Both parties were involved in the production and sale of children's
products, creating direct competition. Respondent No.2's use of 'ROCKPAPA'
for identical goods further reinforces the notion of an intention to ride on
the coattails of the Petitioner's brand.
- Lack of Contest:
Perhaps the most telling sign of bad faith is Respondent No.2's
non-contestation. In the face of the Petitioner's challenge, Respondent No.2
failed to appear in the matter, did not file a counter statement, and
provided no evidence to rebut the claims of prior usage. This lack of
response implies a consciousness of wrongdoing and an unwillingness to
defend the legitimacy of the mark.
Given the evidence of bad faith, the impugned trademark 'ROCKPAPA' is vulnerable
to cancellation. Trademark cancellation is a legal process that rectifies the
register by removing marks that were improperly registered. In this case, it
seeks to protect the integrity of the trademark system by eliminating marks that
were registered in violation of the principles of good faith and fair
The Concluding Note:
Trademark law is fundamentally rooted in the principles of honesty, fair
competition, and protection of intellectual property rights. The case of
ROCKPAPA underscores the importance of maintaining these principles in trademark
registration. Respondent No.2's adoption of the mark 'ROCKPAPA' for identical
goods, coupled with the absence of contestation, strongly suggests bad faith. As
such, the impugned trademark should rightfully be canceled to uphold the
integrity of the trademark system and protect the interests of honest trademark
holders like the Petitioner.
Case Law Discussed:
Case Title: Kia Wang Vs Registrar of Trademark
Date of Judgement:15/09/2023
Case No. C.O.(COMM.IPD-TM)02/2021
Neutral Citation No: 2023:DHC:6684
Name of Hon'ble Court: Delhi High Court
Name of Hon'ble Judge: Jyoti Singh, H.J.
Information and discussion contained herein is being shared in the public
Interest. The same should not be treated as substitute for expert advice as it
is subject to my subjectivity and may contain human errors in perception,
interpretation and presentation of the fact and issue involved herein.
Written By: Advocate Ajay Amitabh Suman, IP Adjutor - Patent and
Email: [email protected], Ph no: 9990389539