Lenovo Is Exclusive Proprietor Of “THINK” Family Of Marks: Madras HC Orders Removal Of Trademark Registration For “THINBOOK” Laptop

Justice Abdul Quddhose opined that the petitioner, Lenovo, who had been using the THINK family of marks had obtained a distinctiveness in the field. The court thus ruled that Lenovo was the exclusive proprietor of the mark and continued usage of a similar mark by the respondent company would create confusion in the minds of the people.

“Since this Court has come to the conclusion that the petitioner is the exclusive proprietor of THINK Family of Marks, for which, trademark registrations have already been obtained both in India as well as in Abroad; that the petitioner has acquired distinctiveness for its THINK Family of Marks by its long and continuous usage; and that the first respondent's mark 'THINBOOK' is deceptively and phonetically similar to that of the petitioner's THINK Family of Marks, this Court will have to allow this petition under Section 57 of this Court,” the court ruled.

Lenovo had approached the court seeking to cancel and remove the respondent company's “THINBOOK” trademark. Lenovo submitted that it had been using the THINK family of marks since 1992 for a wide variety of goods and through such use, the trademarks have been exclusively associated with Lenovo.

Lenovo submitted that the company enjoyed a high degree of goodwill and reputation and was entitled to be protected as a well-known trademark under Section 2(1) (zg) of the Trademark Act. Lenovo also claimed prior rights over the trademark. Lenovo claimed that the respondent company's trademark was deceptively similar to Lenovo's and the similarity would cause confusion in the minds of the general public.

Lenovo submitted that the registry had erroneously registered the respondent's trademark by total non-application of mind, without considering the fact that the same trademark has been adopted and used by Lenovo. Thus, it was contended that the registration of the impugned marks runs contrary to the provisions of Section 11 (1) of the Act.

The Registry, on the other hand, argued that the registration was granted to the respondent company after following due procedures contemplated under the Act.

The court, on perusing the materials, was convinced that Lenovo had gained a reputation in India and abroad in respect of products – Laptops, Notebooks, iPad etc by using the THINK family of marks. The court added that the respondent company had misrepresented the Registry and the Registry, by total non-application of mind had registered the trademark.

Thus, noting that Lenovo had satisfied the requirements of Section 57 of the Act, the court was inclined to grant the relief and ordered accordingly.

"Accordingly, for the reasons stated above, the second respondent is directed to cancel the impugned mark 'THINBOOK' bearing No.3558396 in Class 9 made in the name of the first respondent and remove the said mark from the Register of Trademarks, within a period of four weeks from the date of receipt of a copy of this order. In the result, this petition is allowed," the court directed. 

Case Title: Lenovo (Singapore) Pte. Ltd v RPD Workstations Private Limited and Others

Counsel for the Petitioner: Mr. Ramesh Ganapathy

Counsel for the Respondent: Mr. S.Janarthanam, SPCGSC

Citation: 2024 LiveLaw (Mad) 487

Case No: OP(TM) No.60 of 2024