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december 2017

Supreme Court of India · 2017-12-14

ROYAL ORCHID HOTELS LTD. vs KAMAT HOTELS (INDIA) LTD .

Citation / case number
SC 2015/5357
Court
Supreme Court of India
Petitioner
ROYAL ORCHID HOTELS LTD.
Respondent
KAMAT HOTELS (INDIA) LTD .
Author
HON'BLE THE CHIEF JUSTICE RANJAN GOGOI
Bench
HON'BLE MRS. JUSTICE R. BANUMATHI HON'BLE THE CHIEF JUSTICE RANJAN GOGOI

Judgment text excerpt

The Supreme Court dismissed the Special Leave Petition filed by Royal Orchid Hotels Limited, affirming the High Court's decision which allowed the registration of the trademark 'Orchid' by the respondent. The Court noted that the Intellectual Property Appellate Board (IPAB) had previously reversed the Deputy Registrar's refusal of registration for 'Royal Orchid' in class 42, based on the petitioner's incorporation date and the lack of likelihood of confusion among consumers. The Court concluded that the matter regarding trademark registration had attained finality, thus upholding the High Court's ruling.

ROYAL ORCHID HOTELS LTD. vs KAMAT HOTELS (INDIA) LTD . · Niyam