Delhi High Court Orders Removal Of 'Be The Beer' Trademark In Plea By 'The Beer Cafe'
The Delhi High Court has ordered removal of “Be The Beer” mark from the Register of Trade Marks in a plea filed by food and beverage cafés chain “The Beer Cafe.”“The impugned mark of respondent No.1 be removed from the register. The website of Registrar of Trade Marks be updated accordingly. The same may be done within a period of four weeks by the Registrar of Trade Marks,”...
The Delhi High Court has ordered removal of “Be The Beer” mark from the Register of Trade Marks in a plea filed by food and beverage cafés chain “The Beer Cafe.”
“The impugned mark of respondent No.1 be removed from the register. The website of Registrar of Trade Marks be updated accordingly. The same may be done within a period of four weeks by the Registrar of Trade Marks,” Justice Anish Dayal ordered.
The court passed the order in a plea moved by BTB Marketing Private Limited, the entity which owns “The Beer Cafe” chain.
The plea sought rectification of “Be The Beer” trademark registered in favour of one Deepshikha Singh in October 2017.
Claiming to be the registered proprietor of “The Beer Cafe” mark since 2010, BTB Marketing alleged that “Be The Beer” mark was a pictorial representation of its mark being used for Singh's cafe.
It was submitted that since BTB Marketing was operating in the same industry of food and beverages and running cafes, simply prefixing the word 'BE' was causing deceptive similarity with its registered mark having a prior user.
“In these facts and circumstances, and considering that there is no response from respondent No.1, the averments of petitioner , would stand admitted, aside from the facts of prior registration, user and deceptive similarity,” the court said.
Counsel for Plaintiff: Mr. Rishi Kapoor and Ms. Devoleena Datta, Advs
Title: BTB MARKETING PVT. LTD. v. DEEPSHIKHA SINGH AND ANR.
Citation: 2024 LiveLaw (Del) 314