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.