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India: Patanjali withdraws its trademark applications for “OJAS” after facing suit for trademark infringement

SS Rana & Co

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India July 10 2017

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Withdrawn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

  1.  

1814258

May 04, 2009

 

April 01, 2008

3

Refused

N/A

  1.  

1814259

May 04, 2009

 

April 01, 2008

3

Refused

N/A

  1.  

1814260

May 04, 2009

 

April 01, 2008

3

Refused

N/A

  1.  

1840165

July 15, 2009

 

February 25, 2008

3

Withdrawn

April 19, 2017

  1.  

1840169

July 15, 2009

 

February 25, 2008

3

Withdrawn

April 19, 2017

  1.  

1840172

July 15, 2009

 

February 25, 2008

3

Withdrawn

April 18, 2017

  1.  

2745849

May 28, 2014

OJAS

February 25, 2008

3

Withdrawn

April 18, 2017

  1.  

1840166

July 15, 2009

 

February 25, 2008

5

Withdrawn

April 19, 2017

  1.  

1840170

July 15, 2009

 

February 25, 2008

5

Withdrawn

April 19, 2017

  1.  

1840173

July 15, 2009

 

February 25, 2008

5

Withdrawn

April 19, 2017

  1.  

2745850

May 28, 2014

OJAS

February 25, 2008

5

Withdrawn

April 18, 2017

  1.  

2745851

May 28, 2014

OJAS

Proposed to be used

29

Withdrawn

April 18, 2017

  1.  

2745852

May 28, 2014

OJAS

Proposed to be used

30

Withdrawn

April 18, 2017

  1.  

2745853

May 28, 2014

OJAS

Proposed to be used

32

Withdrawn

April 18, /2017

SS Rana & Co - Priya Adlakha and Tulip De

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Filed under

  • India
  • Litigation
  • Trademarks
  • SS Rana & Co

Courts

  • Bombay High Court

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