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Kamat Hotels (India) wins the trade mark case against ROHL

Friday, December 15, 2017, 12:00 Hrs  [IST]
P Krishna Kumar | New Delhi

In a major legal victory for Kamat Hotels (India) Ltd., and a loss of face for the Royal Orchid Hotels Limited (ROHL) in a long drawn legal battle, the Supreme Court today while disposing of a Special Leave Petition (SLP) filed by ROHL has upheld the Madras High Court order of February 11, 2015 restraining them from using the trade mark/logo which is same or similar to that of ‘Orchid’, a brand promoted by Kamat Hotels.

Disposing of the case, the SC bench comprising Justice Ranjan Gogoi and Justice R Banumati observed that the view taken by the Madras High Court was neither “unreasonable”  nor “unacceptable” and perfect with the “evidence and materials on record” in the case.

ROHL had approached for registration of their trademark under class 42 of Trademark Act in 2004 which the Deputy Registrar of Trademarks refused saying the company was not the first user of the logo/trademark. ROHL went for an appeal against it in Intellectual Property Appellate Board (IPAB), which overruling the Deputy Registrar’s decision, had allowed ROHL to register under class 42 of trademark Act.

Kamat Hotels India challenged the IPAB ruling in the Madras High Court and High Court reversed the order of IPAB and upheld that the Deputy Registrar was right. The High Court had ruled that Deputy Registrar’s reasons for rejecting the application of ROHL were valid.  

With Supreme Court now dismissing the SLP without “leave to appeal”, there is no legal room left for ROHL in the case.

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