Is Raymond a well Known mark? – Bombay High Court says ‘NO’.
Mumbai-based Raymond Group had approached the Bombay High Court in 2006 against the use of its registered trademark “Raymond” by the pharma firm “Raymond Pharmaceutical”, alleging that the pharma company had infringed its trademark.
The division bench of the Mumbai High court comprising of Justices DK Deshmukh and RP Sondurbalodta on July 13 had observed in their order that, “if the defendant (Raymond Pharmaceuticals ) uses the registered trademark as a part of its trade name, but does not deal in the same type of goods in respect of which the trademark is registered (by Raymond Limited), then it does not amount to infringement as per the Trademark Act, 1999.”
The Bombay High Court has refused to grant relief to Raymond.
This case re-emphasizes the rule that the burden of proof is on the plaintiff to show that the trademark is a famous mark which requires an extensive usage and popularity of the mark.