Recently, a Commercial Court in Ahmedabad rejected an application filed by Jitendra Patel, a jeweller based in Mehsana, Gujarat who urged the Court to take legal action against a Mumbai based jeweller for using ‘Patel Jewellers’ as its trademark.
Jitendra Patel, owner of Patel Jewellers sued a Mumbai based jeweller for using the trademark ‘Patel Jewellers’ on which Jitendra Patel has already attained trademark registration.
Jitendra learnt about the Mumbai based jeweller when the latter tried to open a showroom in Mehsana, Gujarat.
According to Jitendra, he has been in the jewellery business in Gujarat since 1990 and since then he has obtained trademark registration on ‘Patel Jewellers’. On the other hand, the Mumbai based jeweller stated that it was the first mover in Mumbai jewellery market with ‘Patel Jewellers’ trademark since 1993 in Maharashtra and Gujarat. Jitendra Patel took the case to Civil Court in Ahmedabad. Counsels of both the jewellers presented their accounts to the Court in order to show their turnover and goodwill earned on the usage of their trademark.
The counsel of Mumbai based jeweller further added that ‘Patel’ represents a community and the term ‘Jeweller’ represents an occupation, hence, Jitendra Patel cannot enjoy exclusivity over the trademark.
Judge M C Tyagi accepted the argument and stated that “Patel is a well-known community in Gujarat. It is also not in dispute that the jeweller means a person who carries on trade or business of jewellery. Therefore, the combination of both the words and as well as any single word is common and generic. None of the parties can claim exclusivity over the word ‘Patel Jewellers’