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Heineken Asia Pacific Pte. Ltd vs Mr. Vijay Keshav Wagh And Ors on 10 March, 2026

This Court in Polo/Lauren Company LP (supra), Manju Singal (supra), and Hugo Boss (supra) reiterated the same ratio. In other words, in cases where there is an overlap of the nature like in the present case, the proviso to Section 45 of the Act carves out a procedure where the original artistic work in a mark registrable under the Trade Marks Act, 1999 may also be protected as against a person or an entity, which may be seeking registration of a similar artistic work under the Act. One can perceive that the proviso is inserted to prevent such mischief. Having regard to the fact that the TIGER logos have been registered as trademarks in several countries of the world in various classes with dates of registration/use, the same could constitute as dates of publications for the said logos in the context of the Act.
Delhi High Court Cites 18 - Cited by 0 - T R Gedela - Full Document
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