Monday 3 September 2012

IPAB orders removal of trademarks

The Hindu on 29th August reported that IPAB has ordered removal of two conflicting  trademarks from  TM register. Fight between two cosmetic giants, Chandrika and Calvin Care Private Limited has  resulted in removal of their potentially conflicting trademarks "Fair ever" and "Chandrika For ever". 

Wipro's Chandrika and Calvin care have been fighting over these trademarks for cosmetic and soap products. Wipro launched Chandrika forever in 2007 and obtained registration for the same in respect of all kinds of soaps, toiletry preparations, shampoos, hand wash and sanitisers. On the contrary Calvin care have been trading since 1998 under their well known trademark "Fairever" in relation to cosmetic products. 

In 2010, Calvin care filed a civil suit seeking permanent injunction to restrain Chandrika from using "Chandrika Forever". As a response to this Chandrika had approached the IPAB seeking removal of Calvin care's trademark "Fair ever".

IPAB now in its orders asks the Registrar to remove both the marks from the register as both marks tends to create confusion among the public and was wrongly entered in the register and hence deserves to be removed

Source:  The Hindu

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