Recently, Patanjali Ayurveda Limited was faced with allegations of infringing Charak Pharma Pvt. Ltd.’s trademark “Ojus” by using a deceptively similar trade mark “Ojas” for its soap brand.
Brief Description of the Parties
Charak Pharma Pvt. Ltd. is an Indian company founded in 1947 by the brother duo, Shri D.N. Shroff and Dr. S.N. Shroff, which manufactures and sells ayurvedic and herbal medicines in India and also exports to 35 other countries abroad. Patanjali Ayurveda Limited is an Indian fast-moving consumer goods (FMCG) company, which was founded by renowned yoga guru, Baba Ramdev and his close aide, Āchārya Balkrishna, and is known to have achieved a tremendous presence around the globe and throughout India in a very small time since its inception in 2006.
Litigation Proceedings in the Bombay High Court
Charak Pharma Pvt. Ltd. had filed a case being Suit (L) No. 216 of 2017 with Notice of Motion (L) No. 724 of 2017 in the Bombay High Court on March 27, 2017, against Patanjali Ayurveda Limited for allegedly using the mark “Ojas” which is deceptively similar to its registered trade mark “Ojus”.
Pursuant thereto, Patanjali Ayurved Limited appeared before Hon’ble Mr. Justice G.S. Patel of the Bombay High Court through their counsels and undertook to withdraw their applications for registration of the impugned mark “Ojas”. The said undertaking was accepted and recorded by the Court vide its order dated April 11, 2017. In view of the said undertaking, the Plaintiff, i.e., Charak Pharma Pvt. Ltd., did not press for their prayers for damages and costs against Patanjali Ayurved Ltd.
Status of Trade Marks of the Parties
Our research team has put together a list of the trade mark applications/registrations of both Charak Pharma and Patanjali for their marks “Ojus” and “Ojas” in India:-
|
Trademark Applications/Registrations for “OJUS” by Charak Pharma Pvt. Ltd. |
||||||
|
S. No |
Application/Registration No. |
Application/Registration Date |
Trademark |
User Claim |
Class |
Status |
|
1. |
3293031 |
June 23, 2016 |
OJUS |
Proposed to be used |
3 |
Objected |
|
2. |
560244 |
October 14, 1991 |
OJUS |
January 01, 1961 |
5 |
Withdrawn |
|
3. |
1491534 |
September 27, 2006 |
OJUS |
January 01, 1984 |
5 |
Registered |
Source: www.ipindiaonline.gov.in
|
Trademark Applications/Registrations for “OJAS” by Patanjali Ayurved Limited |
|||||||
|
S. No |
Application/Registration No. |
Application/Registration Date |
Trademark |
User Claim |
Class |
Status |
Date of Withdrawal |
|
|
1814258 |
May 04, 2009 |
April 01, 2008 |
3 |
Refused |
N/A |
|
|
|
1814259 |
May 04, 2009 |
April 01, 2008 |
3 |
Refused |
N/A |
|
|
|
1814260 |
May 04, 2009 |
April 01, 2008 |
3 |
Refused |
N/A |
|
|
|
1840165 |
July 15, 2009 |
February 25, 2008 |
3 |
Withdrawn |
April 19, 2017 |
|
|
|
1840169 |
July 15, 2009 |
February 25, 2008 |
3 |
Withdrawn |
April 19, 2017 |
|
|
|
1840172 |
July 15, 2009 |
February 25, 2008 |
3 |
Withdrawn |
April 18, 2017 |
|
|
|
2745849 |
May 28, 2014 |
OJAS |
February 25, 2008 |
3 |
Withdrawn |
April 18, 2017 |
|
|
1840166 |
July 15, 2009 |
February 25, 2008 |
5 |
Withdrawn |
April 19, 2017 |
|
|
|
1840170 |
July 15, 2009 |
February 25, 2008 |
5 |
Withdrawn |
April 19, 2017 |
|
|
|
1840173 |
July 15, 2009 |
February 25, 2008 |
5 |
Withdrawn |
April 19, 2017 |
|
|
|
2745850 |
May 28, 2014 |
OJAS |
February 25, 2008 |
5 |
Withdrawn |
April 18, 2017 |
|
|
2745851 |
May 28, 2014 |
OJAS |
Proposed to be used |
29 |
Withdrawn |
April 18, 2017 |
|
|
2745852 |
May 28, 2014 |
OJAS |
Proposed to be used |
30 |
Withdrawn |
April 18, 2017 |
|
|
2745853 |
May 28, 2014 |
OJAS |
Proposed to be used |
32 |
Withdrawn |
April 18, /2017 |
