Bombay High Court Restrains Local Retail Shop From Infringing 'The Body Care' Mark

The Bombay High Court has temporarily restrained a Mumbai-based retail store from using the name “The Body Care Shop”, ruling that it infringes the registered trademark “The Body Care”, owned by a city-based cosmetics business.

A single bench of Justice Sharmila U Deshmukh delivered the order on November 7, 2025, in response to a trademark infringement and passing off petition filed by the proprietor of “The Body Care.”

He stated that they have been engaged in the manufacture, marketing, and sale of cosmetics, skin care, and hair care products for over 40 years. The trademark “THE BODY CARE” was first used in 1987, registered in 1994, and a device mark was registered in 2009. The brand has built significant goodwill and reputation over the years.

In October 2025, the proprietor discovered that a retail outlet in Goregaon, Mumbai was operating under the name “The Body Care Shop” and had applied to register the same in May 2025, claiming use since June 2021.

The proprietor argued that the store had copied the essential features of the registered mark, and the addition of the descriptive word “Shop” did not make it distinguishable. The mark was deceptively similar, likely to mislead consumers into believing there was a connection between the two businesses.

The court observed that the registration certificate gives the proprietor a prima facie right over the mark. Even if the first registration with a disclaimer was ignored, the 2009 device mark registration was valid and unconditional, granting exclusive rights.

On comparing the two marks, the court found that the retail store had largely replicated the original brand and merely added the word “Shop,” which was insufficient to prevent confusion. The court also noted that the store's claim of use since 2021 came much later than the original brand's use.

Click Here To Read/Download The Order