The Supreme Court on 1st March,2011 dismissed the appeal of Marico Industries over the trademark “low absorb.” Marico industries, the maker of cooking oils Saffola and Sweekar, had challenged the use of the slogan ''low absorb'' by Agro Tech Foods. Agro Tech Foods owns one of the country’s largest-selling brands of edible oil, Sundrop.
Marico Industries had filed a suit against Agro Tech foods in the Delhi High Court few years back contending that the trademarks ''low absorb'', ''Losorb'' and ''Lo-Sorb'' were registered by it in 2001. These marks were being used for its products, Saffola and Sweekar. Marico also had argued that it had coined the mark ''low-absorb'' in January, 2001, for products which had the quality of absorbing less oil. The technology involved was based on an additive used in the production of edible oil which retards the foaming of oil during the process of frying and cooking.
Agro Tech Foods opposed the claim and said it was using the word ''low absorb'' to explain its product. It also had opposed Marico''s claim that ''low absorb'' was its trademark.
The Delhi high court, rejecting the claims of exclusivity held that “Prima facie, no one can monopolise the mark, ''Low Absorb''. The Court further said that marks ''Low Absorb'', ''LOSORB'' and ''LO-SORB'' are prima facie descriptive, with no demonstrable acquired secondary distinctiveness. ”
On this rejection, Marico appealed to the Supreme Court, where the apex court dismissed the appeal and upheld the Delhi High Court’s decision.
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