Copyright registration irrelevant for Trademark: Delhi High Court

In the case of M/S Khushi Ram Behari Lal vs M/S Jaswant Singh Balwant Singh, Justice Suresh Kumar Kait has held that prior registration of copyright of a brand is irrelevant for the purpose of Trademark.

“The Copy Right Registration of the artwork of “TRAIN” brand is extraneous for the purpose of proving the use subject Trade Mark.” the Delhi High Court held.

The Court, in its decision, said that IAPB has ignored the fact that use of the trademarked word “TRAIN” was proved by using forged documents. It also said that the respondent had positive knowledge of the use of trademark subject matter since 1990.

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