Delhi High Court Declares 'Taj' As Well Known Trademark For Services In Hotel And Hospitality Industry
The Delhi High Court has declared “Taj” a well known trademark in respect of hotels and other related services in the hospitality industry. “The long duration for which the TAJ marks have been in use by the plaintiff, wide geographical area of their use, their knowledge among the general public and their goodwill and reputation due to the extensive promotion, publicity and extensive...
The Delhi High Court has declared “Taj” a well known trademark in respect of hotels and other related services in the hospitality industry.
“The long duration for which the TAJ marks have been in use by the plaintiff, wide geographical area of their use, their knowledge among the general public and their goodwill and reputation due to the extensive promotion, publicity and extensive revenue generated by the plaintiff, in India as well as other countries, the TAJ marks have achieved the status of well-known trade marks,” Justice Amit Bansal said.
The Court said that the Indian Hotels Company Limited, which operates hotels under the name of “Taj”, fulfilled all the criteria under Section 11(6) read with Section 11(7) of the Trademarks Act for declaring “TAJ” marks as well-known trade marks.
The suit was filed by the Indian Hotels Company Limited, a part of TATA Group of Companies, against various individuals for allegedly infringing its registered trademarks as well as for copyright and passing off of their services.
The counsel appearing for the Indian Hotels Company Limited referred to various data and documents to satisfy the factors relevant in deciding whether the TAJ marks were eligible to be declared as well-known trade marks.
Perusing the same, the Court observed that the Indian Hotels Company Limited established well beyond doubt that the TAJ marks have acquired the status of well-known trade marks within the meaning and scope of Section 2(1)(zg) of the Trademarks Act.
The Court also noted another mark of the Indian Hotels Company Limited- VIVANTA, which is also used in relation to hotels, has already been declared as a well-known trade mark by a coordinate bench in September 2022.
“Accordingly, in terms of prayer clause contained in paragraph no.79(vii) of the plaint, a decree of declaration is passed declaring the TAJ marks as well-known trade marks within the meaning of Section 2(1)(zg) of the Act,” the Court said.
Title: THE INDIAN HOTELS COMPANY LIMITED v. GAURAV ROY BHATT & ANR.
Citation: 2025 LiveLaw (Del) 340