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Analysis of Section 30(2)(e) Defense in Trademark Dispute

This case study delves into a recent case where the defense under Section 30(2)(e) was invoked based on trademark registrations in different classes, presenting an analysis of the court's observations and the implications for trademark adjudication.

The plaintiff initiated a lawsuit relying on their trademark registration in Class 05, while the defendant held registrations in Class 29, 30, and 32. Notably, the defendant lacked registration in Class 5, prompting scrutiny of the applicability of the defense under Section 30(2)(e).

Section 30(2)(e) Overview:
Section 30(2)(e) of the Trademarks Act 1999 stipulates that the use of a registered mark, in accordance with the right derived from its registration, does not constitute infringement. However, the crucial element lies in the alignment of this use with the registered goods and class.

Court's Analysis:
The Hon'ble Court discerned that the defense under Section 30(2)(e) is contingent upon the mark being registered in the specific class relevant to the dispute. In this case, since the defendant's marks lacked registration in Class 5, the protection afforded by Section 30(2)(e) was deemed unavailable.

Interpretation of Right to Use:
The court emphasized that the right to use, as envisaged by Section 30(2)(e), is intrinsically tied to the goods and class specified in the registration. The defendant's registrations in different classes (29, 30, and 32) could not extend the defense to Class 5, as it would contravene the statutory framework.

Limitations of Section 30(2)(e):
The article elucidates that the defense under Section 30(2)(e) cannot be invoked based on the use of a registered mark for goods outside the scope of the granted registration. The defendant's registrations for "ABBZORB" in different classes did not mitigate the infringement allegation related to goods in Class 5.

This Concluding Note:
This he legal analysis underscores the specificity required in relying on Section 30(2)(e) as a defense in trademark disputes. The court's strict adherence to the class and goods specified in the registration reaffirms the importance of precision in trademark protection.

The Case Law Discussed:
Case Title: Sun Pharmaceutical Industries Ltd..Vs Protrition Products LLP
Date of Judgement/Order:24.11.2023
Case No. W.P.(C)-IPD 18/2022
Neutral Citation No:2023:DHC:8420
Name of Hon'ble Court: Delhi High Court
Name of Hon'ble Judge: C Harishankar, HJ

Ideas, thoughts, views, information, discussions and interpretation expressed herein are being shared in the public Interest. Readers' discretion is advised as these are 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 Trademark Attorney
Email: [email protected], Ph no: 9990389539

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