The Madras High Court allowed six rectification petitions filed by MediaMonks Multimedia Holding B.V., a Dutch digital marketing firm, and ordered the removal of six registered trademarks including both word and device marks bearing the name “MEDIA MONK” from the Indian Trademarks Register.
The trademarks had been registered by Pachala Murali Krishna, a Hyderabad-based advertiser, under Classes 9, 16, and 35 in 2009. The petitioner claimed it had used the MEDIAMONKS mark globally since 2001 and began operations in India in 2015. Although the Indian respondent claimed prior use and personal origin of the name, the Court concluded that the marks were deceptively similar and had been adopted in bad faith.
Justice Senthilkumar Ramamoorthy held that the juxtaposition of the words “Media” and “Monks” was inherently distinctive and that the global digital presence, industry recognition, and domain usage since 2001 gave MediaMonks a trans-border reputation among its target audience—even in India prior to 2009.
The Court found the respondent’s explanation for adoption to be unconvincing and “post-rationalised,” especially given his long-standing role in the media industry and admission of knowledge of international players, including MediaMonks. It relied on key precedents including Milmet Oftho v. Allergan Inc., Satyam Infoway v. Siffynet, and Hardie Trading Ltd. v. Addisons Paint, (2003) 11 SCC 92 to reaffirm the principles of prior global use, trans-border reputation, and dishonesty in adoption.
The Court also rejected the defence of acquiescence, noting that mere publication in the Trademarks Journal does not establish actual knowledge. Since the adoption was held to be dishonest, the statutory bar under Section 33 of the Trade Marks Act, 1999 did not apply.
Accordingly, the Registrar of Trademarks has been directed to cancel the registrations—bearing Nos. 1846455 to 1846460—within 60 days from the date of upload of the Court’s order.
Appearances in the case :Â
For Petitioner : Mr. Sudharshan Kumar Bansal, Ms. Ancy George for M/s. K.G.Bansal and Company
For 1st Respondent : Mr.P.Satheesh Kumar, Ms.Vidya R.
For 2nd Respondent : Mr.A.R.Sakthivel, SPC
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