Use Of Another Company's Registered Trademark As Trade Name Amounts To Infringement: Delhi High Court

The Delhi High Court has made it clear that under Section 29(5) of the Trade Marks Act, the use of a registered Trade Mark as a Trade Name itself amounts to infringement of the registered Trade Mark.Justice Tejas Karia thus granted interim injunction in favour of global integrated security company 'G4S' and restrained '4GS', also engaged in providing security services and registered with Ministry of Corporate Affairs and the Registrar of Companies, from using the said mark.4GS had contended that its marks are being used pursuant to the approval of their Trade Names by the Ministry of Corporate Affairs and the Registrar of Companies. It was further contended that the Mark '4GS' is merely an abbreviation of the Trade Name '4Group Safeguard & Security Services Private Limited'.The High Court however held that this cannot constitute a valid defence against infringement or passing off. It observed,“Under Section 29(5) of the Trade Marks Act, the use of a registered Trade Mark as a Trade Name itself amounts to infringement of the registered Trade Mark.”Reliance was placed on Laxmikant V. Patel v. Chetanbhai Shah & Anr., (2002) where the Supreme Court restrained the defendants from using a part of the Trade Name of the plaintiff on account of probability of confusion in the market.The High Court further said that it is a case of triple identity where the Marks are identical, the product category is identical and the trade channel as also the consumer base is identical. “The test of confusion is to be seen from the perspective of an average person with imperfect recollection getting confused….in view of the Plaintiffs' Marks and the Impugned Marks being almost similar, any ordinary person would get confused and would not be able to distinguish between the Plaintiffs' Marks and the Impugned Marks,” it held and granted interim injunction.The main suit is listed on December 10.Appearance: For the Plaintiffs : Mr. Essenese Obhan and Ms. Yogita Rathore, Advocates. For the Defendants : Mr. Saral Sharma and Ms. Ekta, Advocates for D1, 3 & 4.Case title: G4S Limited And Another v. 4Group Safeguard And Security Services Private Limited And OthersCitation: 2025 LiveLaw (Del) 1202Case no.: CS(COMM) 276/2024Click here to read order

Use Of Another Company's Registered Trademark As Trade Name Amounts To Infringement: Delhi High Court

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