Trademark Infringement: High Court allows Patanjali Biscuits to use the Trademark 'Aarogya'

August 13,2019:

Hatsun Agro Product Ltd. filed an infringement case against Patanjali Biscuits. The plaintiff also prayed for an interim order to restrain Patanjali so that they cannot violate their trademark further through using the word “Aarogya”.

The Court granted an interim order, Patanjali Biscuits filed an application against the judgment.

Patanjali biscuits are no more restrained from using the word “Aarogya”. The Madras High Court has vacated the interim order which restrained Patanjali from using the impugned trademark.

Consumers are fond of a brand and if any mark is similar to another, then it causes confusion. A person can oppose the registration of the trademark for a period of four months after its publication in a trademark journal. Section 21 of the Trademark Act says any person can oppose for a trademark notice, irrespective of commercial or personal interest in the matter.

Hatsun Agro Product Ltd. is the largest private sector dairy company in India based in Chennai. It was founded by R.G. Chandramogan in 1970. Arokya Milk was launched in 1995 and is a famous brand in Tamil Nadu, Karnataka and Andhra Pradesh. Arokya Milk is a device trademark filed on August 14th 2014, in Tamil Nadu through Chennai IP Office. The mark was registered to Hatsun Agro Product Limited and is valid till August 14th 2024.

Patanjali Biscuits Pvt. Ltd. was incorporated on January 9th 2009. Patanjali Aarogya biscuit is packed with nutrition of various grains. Patanjali Aarogya was registered as a trademark in 2016. The case is based on the two products “Arokya” milk and “Aarogya” biscuit.

The plaintiff namely Hatsun alleged that these two words are deceptively similar and identical. To the plaintiff's version, it is a violation of trademark. The Court analysed the issue and pointed out that the plaintiff was silent about the infringement issue since 2016.  Further, the Court observed that the products are simply of different classes.

Finally, the court held that the plaintiff was inactive for almost three years about the trademark “Patanjali Aarogya” and therefore, due to delay in filing suit, they are not entitled to interim relief.

The Court also narrated that as the plaintiff's product is popular as milk and the defendant's product is popular as biscuit, so there lies no area of confusion. The classes are different. Hence the Court vacated the previous interim order.

The Judge suggested Patanjali Biscuits type the name in very small font. For example, he cited the example of “smoking is injurious to health” and advised to write in that manner.

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