Delhi HC Declares Haldiram As Well Known Trademark

The Delhi High Court recently declared Haldirams as a well known trademark.

Bench of Justice Pratibha M Singh heard a suit which sought 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 Section 2(1) (zg) of the Trade Marks Act, 1999. The instant suit also sought decree of permanent injunction, restraining the Defendants, from selling products under the impugned mark ‘HALDIRAM’/ ‘HALDIRAM BHUJIWALA’ or any other marks that are deceptively similar.

The plaintiff averred to not only have multiple registrations for ‘Haldiram's’ and its label in different classes within India, as detailed in part of their documents, but also boasts over 100 trade mark registrations internationally.

The Court held that the various registrations and a demonstrable long usage of the mark ‘Haldiram’, as also the goodwill vesting in the said mark, entitles the Plaintiff to a permanent injunction.

"Thus, the Defendants, and all others acting for and on their behalf are restrained from, in any manner, using the impugned marks ‘HALDIRAM BHUJIAWALA’ and/or ‘HALDIRAM’s’ or any other marks that are deceptively similar to the Plaintiff’s marks," the Court said.

The Court further stated that 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. 

"As evidenced by the documents placed on record, Plaintiff’s global footprint is indicative of the brand's robust spill-over reputation, where the authenticity of 'HALDIRAM'S' products resonate with a diverse audience, including in those regions where the brand does not have legal presence," the Court noted.

The Court granted decree of declaration declaring the mark 'HALDIRAM', as well as the Ovalshaped mark, as a ‘well-known’ mark in respect of food items as well as in respect of restaurants and eateries.

(Courtesy:- https://bwlegalworld.businessworld.in/, 3 April 2024)