Chennai: Madras high court has set aside a 2010 order passed by the trademark registry rejecting the opposition of Karnataka Cooperative Milk Producers Federation Limited to the use of its trademark ‘nandini’ by a manufacturer of agarbatti (incense sticks).Though the marks were used for different products, incense sticks by Shalimar Agarbatti Company, Bengaluru, and milk and milk products by Karnataka Cooperative Milk Producers Federation Ltd, Justice N Anand Venkatesh said, “Considering the fact that the federation developed a huge reputation with the mark ‘nandini’ for a long period of time, the phonetic similarity and the manner in which it wrote the mark certainly misled consumers.” The trademark registry did not take into consideration this crucial aspect and erroneously rejected the opposition filed by the milk federation, he added.The appeal was originally filed before the Intellectual Property Appellate Board, Chennai, against the order passed by the trademark registry dated April 5, 2010. After the abolition of the IPAB, the case was transferred to the Madras high court.Though notices were served to the agarbatti company, it did not engage an advocate nor did anyone appear in person. According to the milk federation, the trademark ‘nandini’ was used for all its products since 1983. As a result, this trademark is a household name in Karnataka and the neighbouring states in respect of milk and milk-based products.The agarbatti company also secured a copyright registration in respect of various labels, the prime feature of which was the mark ‘nandini’, in 1985. The company is also a registered proprietor of the trademark ‘nandini’ since 1988.The milk federation came across an advertisement of an identical mark in the trademark journal in the name of the agarbatti company, and raised objections under the Trade Marks Act. When the opposition was rejected by the trademark registry, it moved an appeal.
