US MNC wins Amul trademark case
trademark, General Mills India's application for registration was rejected.
Meanwhile, the US firm forayed into the Indian market by introducing a snack under the trademark 'DIP-TRIX'. At the same time Amul also planned a re-launch of its TRIX brand for a wafer-chocolate, which was introduced in 2007.
This led to a legal battle between the two giants.
Amul objected to unauthorised use of TRIX by General Mills. The US giant challenged Amul's claim over TRIX by filing a rectification application with Intellectual Property Appellate Board (IPAB), Ahmedabad.
On July 16, 2012 IPAB directed the Registrar of Trademarks to cancel Amul's right over the trademark. The dairy brand challenged the board's verdict in the HC, arguing that IPAB had erred in its ruling.
"The Board, despite taking on record and recognising invoices of the year 2007 for the sale of wafer chocolates under its registered trade mark 'TRIX', clearly erred in allowing the said application," Amul claimed.
"Rectification application could not have been allowed as there was use of its registered trademark 'TRIX' in December 2005 by AMUL leading to sale in May 2007 (of wafer chocolates) - that is during the statutorily required period of non-use for a period of five years and three months before the date of rectification application," it said.
However, the Bench did not find any error with the board's conclusion. "We are of the view that no error, much less an error of law, could be said to have been committed by the board in
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