NEW DELHI: Recently, in the case of Theos Food Pvt Ltd & Ors v. Theobroma Foods Pvt Ltd Delhi High Court restricted Theo’s Confectionary to open any outlet in Delhi-NCR.
The Bench headed by Justice Prathiba M Singh ordered, “Theobroma is free to expand its outlets under the mark/name ‘THEOBROMA’ across the country. However, Theos shall be restrained to the Delhi-NCR region, insofar as its goods and services provided under the mark/name ‘THEOS’/‘THEO’S’ is concerned.”
Senior AdvocateJayant Mehta along with Advocates Kapil Wadhwa, Surya Rajattan, Gaurav Wadhwa, Vikram Narula, and Abhishek Tiwari appeared for Theo’s. On the other hand, Advocates Rahul Vidhani and Manoj Menda appeared for Theobroma.
The Court further granted Theobroma to expand its outlets across the County. “Theos shall be free to register its own mark ‘THEOS’/‘THEO’S’ as a word mark or in any logo form thereof, and use the same only in respect of goods and services offered in the Delhi-NCR region,” the Court recorded.
Court also ordered that Theo’s shall not make any online sales outside the Delhi-NCR region under the said mark or name. In this regard the Court stated, “If it (Theo’s) intends to extend its commercial activities outside the Delhi-NCR region, either in physical or in online mode, the same shall be done under a mark/name which is neither identical nor deceptively similar to ‘THEOBROMA’.”
Court further ordered that Theobroma shall continue to retain all its trademark registrations for ‘THEOBROMA’ and its registered variants and derivatives, including ‘THEOS’ and ‘THEO’.
Theobroma shall be entitled to protect and take all enforcement-related steps and opposition-related actions to safeguard its rights in these names and marks.
In the end, Court said that “Neither party shall oppose each other’s marks or object to the same, in any manner, so long as the same are in compliance with the terms of this settlement.”
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