Delhi High Court declares Haldiram as ‘well-known’ mark

The court said that the claim for ‘Haldiram’ to be recognised as a ‘well-known’ mark throughout India, inclusive of West Bengal, is a testament to the plaintiff’s cultural and commercial imprint.

“Such dynamism aims to safeguard the goodwill and trust a mark commands among consumers, irrespective of territorial divisions,” added the bench, while hearing Haldiram’s suit seeking protection of its trademark name and a declaration that the said Haldiram mark along with its variations ‘Haldiram Bhujiawala’ be declared as well-known under Trade Marks Act.

By granting such a declaration, the court said it is also aware of the present realities of consumer perception in relation to the average consumers in the food and snacks industry.

The lawsuit was filed against Haryana-based Haldiram Restro Private Ltd and its proprietors who were allegedly using the mark ‘Haldiram Bhujiawala’ to promote products like ghee, salt, wheat flour, packaged water, and basmati rice. Haldiram sought to restrain the defendants from selling its products under any other deceptively similar marks.

The HC awarded Haldiram Rs 50 lakh as damages and Rs 2 lakh as costs. It further permanently restrained the defendant entity from using the impugned marks that are deceptively similar to Haldiram’s.

Justice Singh said that based on the averments in Haldiram’s plaint (a pleading in the lawsuit), the documents on record, and the reputation of the ‘Haldiram’ mark and logo as gleaned from the record, makes it clear that the company’s mark and logo ‘Haldiram’, as well as the Oval-shaped mark, have acquired ‘well-known’ status.

Considering the use of the mark since the 1960s in the food industry and other factors mentioned in the order, the HC passed a decree declaring the mark ‘Haldiram’ as well as the oval-shaped mark as ‘well-known’ mark in respect of food items as well as in respect of restaurants and eateries.

Justice Singh further noted that the lawsuit presented a “unique scenario” where Haldiram’s reputation demands a flexible and evolved understanding of territorial rights in the age of global connectivity and changing market dynamics. The court said that ‘Haldiram’ brand, “with its origins deeply rooted in India’s rich culinary tradition”, has not only established a presence within India but has also extended its influence globally.