On December 21, 2022 the Delhi High Court, in the case of Hamdard National Foundation (India) vs Sadar Laboratories Pvt. Ltd., restrained Sadar Laboratories from manufacturing and selling beverages under the impugned trademark ‘Dil Afza’. The court observed that the trademark ‘Rooh Afza’ is prima facie a strong mark requiring a high degree of protection as it has acquired immense goodwill.
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.
What is a strong trademark?
- A mark is said to be strong when it is well-known and has acquired a high degree of goodwill.
- The degree of the protection of any trademark changes with the strength of the mark; the stronger the mark, the higher the requirement to protect it.
Q1) Who invented trademark?
The first trademark legislation was passed by the Parliament of England under the reign of King Henry III in 1266, which required all bakers to use a distinctive mark for the bread they sold.