Supreme Court · 2017 INSC 1228 · Decided 14 December 2017
Royal Orchid Hotels LTD. v. Kamat Hotels (India) LTD. & ORS.
- Court
- Supreme Court of India
- Citation
- 2017 INSC 1228 · [2017] 12 S.C.R. 217
- Case number
- SPECIAL LEAVE PETITION (CRIMINAL) No. 6131/2015
- Decided
- 14 December 2017
- Bench
- RANJAN GOGOI, R. BANUMATHI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
Headnote
Intellectual property: Trademark - Registration of trade mark A B of petitioner refused by Deputy Registrar on the ground that the petitioner was not the first user of the logo/mark 'Royal Orchid' as C claimed and in fact, the mark/logo 'Orchid' was being used by respondents no.I from also the two logos/ marks were similar - IPAB set aside the order of Deputy Registrar and allowed the registration of petitioner's trademark in class 42 holding that use of mark by petitioner was prior in point of time and considering the class of customers serviced by the parties, no D
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