OFFICIAL FEES FOR FILING TRADE MARK APPLICATION INCREASED IN INDIA

ASIAN PAINTS V/S ASIAN BIRD

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Navrangpura
Ahmedabad - 380 009. INDIA
Phone : +91 79 26425258/ 5259
Fax : +91 79 26425262 / 5263
Email : info@hkindia.com
Web : www.hkindia.com

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Tel. : 1 650 964 1434
Fax : 1 650 964 4857

OFFICIAL FEES FOR FILING TRADE MARK
APPLICATION INCREASED IN INDIA

The Department of Industrial Policy and Promotion in the Ministry of Commerce and Industry, Government of India had issued a draft notification in the Gazette of India, Extraordinary on 7th September, 2010 under No. G.S.R. 731(E), the said notification is come into force from December 29, 2010. According to the said notification, The Trade Marks Rules, 2002 be amended and entries 1, 2, 3, 4, 5, 6, 7 and 10 of First Schedule are substituted by Rs. 3500.00 instead of Rs. 2500.00. The said amendment came into force from December 29, 2010. Accordingly, the filing fee for application for registration of Trademark per class is increased from INR 2500.00 to INR 3500.00 (Approximately USD 70.00 to about USD 100.00) The fess are increased of trade mark applications in single class, multi class, ordinary application, convention application, textile trade mark applications and series trade marks application. There has been no change in fees for Certification and Collective trade mark applications.

The plaintiffs in the said matter has filed suit for permanent injunction to restrain the defendant from using the trade mark ASIAN BIRDS. The plaintiffs are the registered owner of the said trade mark/trade name ASIAN PAINTS in respect of Paints and Cognate/Allied Goods in India. The trade mark ASIAN PAINTS is a well renowned mark of the plaintiffs' and has a long connection in the country. Further the plaintiffs have acquired great reputation and goodwill under this trademark in respect of the said goods.

The defendant in this case is engaged in the business of Paints. The defendant is doing his business under the trade mark ASIAN BIRD.

The plaintiffs have claimed in his plaint that the they have acquired the great reputation in respect of the mark ASIAN PAINTS, since its inception in 1945, and has coined, adopted and extensively used the trade mark/trade name ASIAN PAINTS in relation to paints and cognate/allied goods, and by virtue of it, claimed to be owner, prior user and proprietor of the trade mark /trade name ASIAN PAINTS in India, Moreover the Plaintiffs sales figure for the year 2007-2008 are 3889 crores and the corresponding expenditure on the advertising is 164 crores. It clearly shows the reputation of the plaintiff in respect of the mark ASIAN PAINTS, The plaintiff also submitted that the reputation and goodwill of the trade mark ASIAN PAINTS and/or ASIAN extends far and wide beyond the scope of the actual goods manufactured by the plaintiff and the very mention of the word ASIAN with or without any additions/suffix would normally be co-related with the goods of the plaintiff and none else. The defendant is marketing its products in the same goods, and under substantially similar marks, with a view to deceive the general public, which is causing grave and serious injury to the plaintiff's reputation.

The main defenses of the defendant in their written statement are that they have never manufactured the said product and used word ASIAN all through the tenure.

Hon'ble Court of Delhi held that the in view of the unchallenged evidence placed on the record and as the defendant is marketing its own products in the same goods under the identical mark of Plaintiff. The Plaintiff is entitled to grant of a decree of permanent injunction in its favour and against the defendants along with cost of the proceedings.
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