Court Upholds Trademark "RPG Marble Pvt. Ltd." Registration, Citing Acquiescence and Delay by RPG Enterprises
In a significant ruling, the Madras High Court has dismissed a petition filed by RPG Enterprises Limited seeking the rectification of the trademark "RPG Marble Pvt. Ltd." registered by the respondents. The court, presided over by Justice K. Kumaresh Babu, held that RPG Enterprises' prolonged inaction and delay in challenging the trademark constituted acquiescence, thereby barring the rectification proceedings under Section 33 of the Trade Marks Act, 1999.
RPG Enterprises, a well-known conglomerate and registered owner of the trademark "RPG," argued that the respondent's trademark was deceptively similar to its own, thereby causing confusion and diluting the distinctive character of its brand. The petitioner claimed that the impugned mark, registered in Class 42, was wrongly remaining on the register and sought its removal under Section 57 of the Act.
The respondents countered by asserting that the trademark "RPG Marble Pvt. Ltd." was coined from the initials of its directors' names and had been in use since 2000. They further argued that RPG Enterprises was aware of this use as early as 2002 when a legal notice was issued, yet the petitioner only approached the court in 2017, marking a 15-year delay. The court concurred with this argument, finding evidence in an annual report indicating RPG Enterprises' awareness of the respondents' trademark since 2002.
Justice Babu emphasized that the petitioner's delay and inaction amounted to acquiescence, a concept wherein passive acceptance or implied consent to an act is inferred from knowledge combined with a failure to object within a reasonable time. The court referenced several Supreme Court judgments to support this interpretation.
Given the finding of acquiescence, the court deemed it unnecessary to address other issues concerning deceptive similarity and the well-known status of RPG Enterprises' trademark. The petition was dismissed, and the registration of "RPG Marble Pvt. Ltd." remains intact. The court's decision underscores the critical importance of timely action in trademark disputes to avoid the implications of acquiescence.
Bottom Line :
Trade Marks Act, 1999 - Rectification petition under Section 57 seeking removal of mark "RPG Marble Pvt. Ltd." dismissed - Petitioner held to have had knowledge of respondent's use of impugned mark since 2002 but approached Court only in 2017 - Prolonged inaction amounted to acquiescence and petition was held barred under Section 33 of the Act.
Statutory provision(s):
Trade Marks Act, 1999 Sections 57, 33
RPG Enterprises Limited v. Registrar of Trademarks, (Madras) : Law Finder Doc id # 2987968
