Delhi HC Directs To Cancel Trademark Of Nizamuddin Food Outlet “Andaaz-E-Nizaam” Being Similar To Restaurant Chain Nizam’s
|The Delhi High Court has directed to remove/cancel the trademark of Nizamuddin Food Outlet “ANDAAZ-E-NIZAAM” as being similar to the trademark of a Restaurant chain namely, Nizam’s.
The Bench of Justice Mini Pushkarna observed, “Thus, this Court notes the admission on part of the respondent no.1 that the registered trademark being ANDAAZ-E-NIZAAM, has been abandoned by the respondent no.1, and is no longer, in use…Accordingly, the present petition is allowed. The respondent no.2, Registrar of Trademarks, is directed to remove/cancel the registered trademark, ANDAAZ-E-NIZAAM , registered under Class- 43, in favour of respondent no.1, vide Registration No. 5226592 and Certificate No. 3001658 dated 29th November, 2021.”
Advocate Chander Shekhar Patney appeared for the Petitioner while CGSC Harish Vaidyanathan Shankar appeared for the Respondents.
A suit was filed seeking removal/ rectification of the trademark “ANDAAZ-E-NIZAAM”, registered in the name of Respondent No.1 in Class-43, being deceptively similar and identical to the trademark of the petitioner, i.e., “NIZAM’S”. It was submitted that the Petitioner has been using the trademark since January 1978 in respect of providing food and drink, and temporary Accommodation.
In January 2024, Respondent No. 1 got registered the mark, “ANDAAZ-E-NIZAAM”. It was submitted that the impugned trademark is deceptively similar, identical, and phonetically similar to the petitioner’s prior registered trademark.
The Counsel for the Respondent undertook to change the name of the Respondent’s trade name/restaurant as well as their partnership firm to a different name.
The Court added, “In view of the aforesaid undertaking given by learned counsel for respondent no.1, it is directed that the respondent no.1 shall take appropriate steps for change of their trade name/name of their business/restaurant/partnership firm to the new name, within a period of four weeks from today…It is noted that in terms of Section 47 of the Trade Marks Act, 1999, a registered trademark may be taken off the Register in respect of goods and services, in respect of which it is registered, on account of non-use of the said trademark.”
Accordingly, the Court allowed the petition.
Cause Title: Shri Rajesh Chugh v. Mehruddin Ansari & Anr. (Neutral Citation:2024:DHC:5865)
Appearances:
Petitioner: Advocate Chander Shekhar Patney
Respondents: CGSC Harish Vaidyanathan Shankar, Advocates Harsh, Akhil Saini, Srish Kumar Mishra and Alexander Mathai Paikaday.