VidhiSangh

Supreme Court of India · 14/12/2017

ROYAL ORCHID HOTELS LTD. versus KAMAT HOTELS (INDIA) LTD. & ORS.

[2017] 12 S.C.R. 217 · 2017 INSC 1228

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Royal Orchid Hotels challenged refusal of trademark registration in class42, relying partly on its successful class16 litigation and an earlier corporate name change. The Court refused leave because the High Court’s assessment of prior use and likely customer confusion was supported by the evidence; the earlier proceedings expressly left other disputes unaffected.

Issues

  1. Whether the earlier class16 registration litigation foreclosed independent adjudication of class42 registration.
  2. Whether the High Court’s findings on prior use and confusion warranted interference.

Held

Result

Special leave petition dismissed and leave to appeal refused; High Court decision setting aside the IPAB’s class42 registration order left undisturbed.

Judgment PDF: Supreme Court of India, [2017] 12 S.C.R. 217.