Rasna vs Rasanand : Gujarat High Court To Decide Maintainability Of LPA In Trademark Dispute

A division bench of Chief Justice Sunita Agarwal and Justice Aniruddha P. Mayee has directed Piruz Khambatta, Chairman of Rasna Private Limited, to submit the registration certificate of its trademarks. It pointed that though Khambatta claims to be the proprietor of trade mark with words: “Rasna”, “Rasana”, “Russ”, etc., the copy of Registration Certificate carrying the details with regard to registration of trade mark with the word: “Rasana” was not brought on record.

“On this issue pointed out by this Court, the senior counsel appearing for the appellant prays for and is granted adjournment for the day to enable him to bring before the Court the Registration Certificate of registration of the word: “Rasana” as trade mark of the appellant,” the Court said and posted the matter on 30th January.

It also proposed to examine the issue of maintainability of the Letters Patent Appeal having been preferred against the order of the Single Judge which dismissed the appeal filed under Section 91 of the Trade Marks Act against the order of Deputy Registrar.

Khambatta claims that he secured registrations for two trademarks, "Rasana" in 1979 and "Rasna" in 1986, under the Act. He contended that the Single Judge erred in deeming these trademarks dissimilar.

The court on the other hand noted, “It is an admitted fact of the matter that the appellant is using the trade mark with the word: “Rasna” in all its products. The submission, however, is that the word: “Rasana” was also a registered trade mark of the appellant since the year 1979, is not substantiated by any material on record except the notification issued under the Trade Marks Act, which does not give detail with regard to the goods or services for which the trade mark with the word: “Rasana” was got registered.”

Patson Foods (India) Pvt Ltd had previously applied to register a trademark featuring the words 'RASANAND' and 'the real flavour of India,' accompanied by an image of a leaf for its products including fruit juice, carbonated and undefined non-carbonated soft drink and soft drink concentrate.

Rasna raised objections to the trademark registration, asserting its position as a leading manufacturer of diverse food products over several decades.

Case No.: R/Letters Patent Appeal No. 10 Of 2024

Case Title: Piruz Khambatta Versus Deputy Registrar Of Trademarks

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