Photo: Facebook/@Haldiram’s
The Delhi High Court on April 3 declared that the “Haldiram” mark is a well-known trademark with respect to food items, restaurants and eateriesm not only in India but globally also.
“There is no doubt that the ‘Haldiram’s’ brand, with its origins deeply rooted in India’s rich culinary tradition, has not only established a presence within the national market but has also extended its influence globally, transcending geographical, cultural, and national boundaries,” the high court said.
It noted that the the mark and logo ‘Haldiram’ has been used in the food industry since the 1960s, and has achieved the status of a ‘well-known mark’.
“Accordingly, a decree of declaration declaring the mark ‘Haldiram’, as well as the oval-shaped mark, as a ‘well-known’ mark in respect of food items as well as in respect of restaurants and eateries, is granted,” the high court ruled on April 2.
The high court’s ruling came after a suit was filed by Haldiram India seeking protection of its mark ‘Haldiram’, and a declaration that the said mark, along with its variations such as ‘Haldiram Bhujiawala’ is ‘well-known’ in terms of the Trade Marks Act, 1999.
What is a trademark?
A trademark is a distinctive sign or indicator used by a business organisation to distinguish its products or services from those of other entities. It serves as a badge of origin exclusively identifying a particular business as a source of goods or services. Trademark infringement is the unauthorised usage of a sign that is identical or deceptively similar to a registered trademark
Haldiram India sought a direction to permanently ban an imitator from Ambala City in Haryana which was selling products under the mark ‘Haldiram Bhujiawala’.
In September 2019, a Local Commissioner appointed by the high court to investigate the claim, visited the defendant’s premises situated at Mangla Colony, Parshuram Nagar, Ambala City.
The Local Commissioner discovered that defendant company was selling products under the mark ‘Haldiram Bhujiawala’ since January 2019 for a range of products including salt, mustard oil, wheat flour, bottled water, ghee, and basmati rice.
Considering the manner in which food products of an established brand was misused, the high court imposed a fine of ₹50 lakhs as damages and another ₹2 lakh as cost to be paid to Haldiram India.
