हिंदी समाचार पढ़े
Expand
O.P. Jindal Global University
 
Home / Intellectual Property News / Can an entity claim exclusivity over the term ‘Patel Jewellers’?

Can an entity claim exclusivity over the term ‘Patel Jewellers’?

November 8,2018:

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’

To visit Website, Trademarkclick.com, Click Here

Facebook Comments

Hindu

Hindu

[caption id="attachment_97462" align="alignleft" width="524"]Painting India Saffron Painting India Saffron[/caption]

Hindu

TOI Delivery Boy Delivery Boy                    by Satish

pinterest

Time to straighten up Time to straighten up                pic by TOI Demonitisation Diaries 1 Demonitisation Diaries 1                                  pic by sify   TOI [caption id="attachment_97477" align="alignleft" width="621"]UIDAI Leaks UIDAI Leaks[/caption] Hindu Auto Driver thrashed for no fault Auto Driver thrashed for no fault,                  source oneindia

...as an eminent lawyer you ought to know that your action tantamount to, under Section B, sub-section G.VIX, read along with I.P.C. (A) XI (B), notwithstanding...                                        TOI

Hindu

TOI

Hindu

TOI

America First Walk Your own Talk Hindu

TOI

TOI

Lawyers Bearing the Burden Literally Lawyers Bearing the Burden Literally pic by OMG TOI

Hindu Hindu

Missing the Point Missing the Point pic by english blog Tax Reforms    by Hindu Tax Reforms by Hindu

TOI

150425_-_farmers_a_2384764f

Hindu

ALL_1_Theme_01A_24_2383617g

Hindu

Belts are for Dogs Belts are for Dogs

TOI

Let Justice Be Let Justice Be State of Two Nations State of Two Nations               pic by sandeep Hindu Hindu Hindu

Hindu

TOI

Acheche DIn Acheche Din     pic by sify Humour @ Latest Laws Achhey Din Humour @ Latest Laws: Achhey Din Hindu Hindu [caption id="attachment_97474" align="alignleft" width="621"]Donald Trump’s immigration ban Donald Trump’s immigration ban[/caption] TOI Hindu Hindu State of Affairs Women Safety: State of Affairs             pic by mangal TOI Alligator vs Litigator Alligator vs Litigator Cartoon TOI

Hindu Hindu

Demonitisation Diaries Demonitisation Diaries                                                       by sify

TOI

Pic by Hindu Women Empowerment and Sports Women Empowerment and Sports Soaring of Oil Prices pic by indiaone

TOI

IBN IBN

If India takes One Step, we will take Two by Satish If India takes One Step, we will take Two ...................by Satish

Hindu

Job Hazards Four Pillars of Democracy Four Pillars of Democracy             by Satish Hindu

Hindu

[caption id="attachment_97467" align="alignleft" width="621"]Humour with Latest Laws Humour with Latest Laws[/caption] Demonitisation Diaries 2 Demonitisation Diaries 2  pic by sify
 
 
 

Check Also

Know how Forever 21 and Puma finally settled their Copyright Infringement dispute?

November 20,2018: Copyright infringement dispute between American fashion retailer Forever 21 and Germany based multinational footwear and sports accessories company Puma has been finally settled with the mutual consent of both the brands. Both the parties filed for dismissal stating ...

Leave a Reply

Your email address will not be published. Required fields are marked *