Piruz Khambatta Thro Poa Zubin ... vs Deputy Registrar Of Trademarks on 4 December, 2023
(VI) So far as the reliance placed by learned Senior
Advocate Mr.Devang Nanavati for the appellant in case of
Kabushiki Kaisha Toshiba Trading as Toshiba Group (Supra) is
concerned, the Delhi High Court in the said case had an
occasion to deal with the well-known brand called 'TOSHIBA'.
The original defendant in the said case, who was in the
business of escalator and lift, was offering its product under
the trade mark 'TOSHIBA'. Thus, the owner of the well-known
brand 'TOSHIBA' a company formed in Japan instituted a suit
for injunction against the defendant from manufacturing,
importing, selling, offering for sale or advertising under the
mark 'TOSHIBA'. In the said context, the Delhi High Court
having held that 'TOSHIBA' is a well-known brand in India
and also enjoying the trans border reputation and thereby,
considering the provision of Section 29(4) of the Act, passed
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NEUTRAL CITATION
C/CIA/18/2023 ORDER DATED: 04/12/2023
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the decree of injunction as prayed for protecting the well-
known brand 'TOSHIBA'. However, in the instant case, it is
pertinent to note that the case in hand is not for any
injunction or for any other purposes. The present case arises
from the registration of trade mark and thereby, the provision
of Section 11(8) and Section 11(10) are to be kept in mind.
The protection to the well-known brand is to be given in case
if the mark sought to be registered is identical or similar.
However, in the instant case, the mark 'RASNA' as claimed to
be well-known brand cannot be by any stretch of imagination
said to be identical and/or deceptively similar to the mark
'RASANAND' which is sought to be registered. Under the
circumstances, in my considered opinion, allowing
registration of mark 'RASANAND' would not amount to
violation and/or any kind of prejudice to the so called well-
known brand 'RASNA'.