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. Finding a prima facie case in favour of proprietor of “The Body Care” mark, the Court granted an ad-interim relief restraining the retail store and all persons associated with it from using the impugned name “The Body Care Shop” or any deceptively similar mark in relation to their business or cosmetic products until the next date of hearing. The matter will next be listed on December 04, 2025. Case Title: Mohamed Sadique Raisuddin Saifee v. Rizwan Yunus Shaikh Case Number: IA (L) No. 33507/ 2025 For Plaintiff: Advocate Vinod Bhagat along with Advocates Apeksa Mehta, Rashi Thakur, Sonam Pradhan and Twisha Singh instructed by Vinod Bhagat Click Here To Read/Download The Order

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

Ayushi Shukla

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