The Kerala High Court dismissed PAS Agro Foods’ Special Jurisdiction Case as not maintainable, holding that the Rectification Petition challenging the trademark must be filed before the High Court exercising jurisdiction over the office where the mark is registered.
KRBL Limited acquired the statutory rights to the trademark “INDIA GATE” through an assignment. PAS Agro Foods contested the validity of this registration, arguing that the mark’s registration was invalid, and sought cancellation.
KRBL Limited had initiated a trademark infringement suit before the Delhi District Court, which granted temporary injunctions against PAS Agro Foods and had seized goods bearing the mark “INDIA GATE” in Kerala under an Advocate Commissioner’s supervision. PAS Agro Foods then filed the instant Special Jurisdiction Case in Kerala High Court under Section 57 read with Sections 124 and 125 of the Trade Marks Act, 1999, and Section 50 of the Copyright Act, 1957.
KRBL Limited contended that Kerala High Court lacked territorial jurisdiction to entertain the petition, arguing only Delhi High Court could hear rectification petitions where the mark was registered. PAS Agro Foods argued that since part of the cause of action occurred in Kerala and their goods were seized there, Kerala High Court had jurisdiction.
The Bench comprising Justice M.A. Abdul Hakim examined the legislative intent, procedural rules, and relevant authorities, and upheld the principle that jurisdiction lies with the court overseeing the registry office where the trademark was registered, to avoid conflicting rulings.
The Court dismissed the Special Jurisdiction Case filed by PAS Agro Foods for want of jurisdiction, holding that the proper forum to challenge the validity of the “INDIA GATE” trademark registration is the Delhi High Court, since the mark is registered in the Delhi Trade Marks Registry.
Cases referred to:
1. Reddys Laboratories Ltd. v. Fast Cure Pharma and Anr., C.O. (Comm.IPD-TM) 8/2023
2. The Hershey Company v. Dilip Kumar Bacha, MANU/DE/0904/2024
3. Nippon Paint Holdings Co. Ltd. and Another v. Suraj Sharma, No.556 of 2024 in C.S. (Comm.Div) No.7 of 2024
4. M/s Woltop India Pvt. Ltd. v. Union of India and Others, P.(IPD) Nos. 30 & 32 of 2024
5. Patel Field Marshal Agencies and Anr. v. P. M. Diesels Ltd. and Ors., (2018) 2 SCC 112
Appearances:
For the Petitioners: M. Uma Devi, Advocate
For the Respondents: Praveen K. Joy, R. Muraleekrishnan (Malakkara), T. Anup Joachim, M.J. Xavier Thomas, N. Abhilash, Albin Varghese, M.P. Unnikrishnan, E.S. Saneej, Abisha E.R, Megha G., Fathima Shalu S., Advocates
