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KSRTC trademark row: Madras HC dismiss Kerala RTC claim for exclusive use
No legal prohibition for use of KSRTC by Karnataka State Road Transport Corporation, Kerala RTC claim for exclusive use of KSRTC is dismissed by Madras High Court.
Bengaluru: No legal prohibition for use of KSRTC by Karnataka State Road Transport Corporation, Kerala RTC claim for exclusive use of KSRTC is dismissed by Madras High Court.
KSRTC has applied for a grant of Trade Mark Certificate for use of ‘KSRTC’ acronym. The Corporation is granted Trade Mark Certificates by the Trade Mark Registry of Govt. of India in 2013 with a user date from 1.11.1973. Copy rights are also obtained from the Registrar of Copy Rights, Govt. of India for use of ‘KSRTC’ Logo and ‘Gandabherunda art’.
Thereafter, Kerala State Road Transport Corporation has challenged the same before the Intellectual Property Appellate Board at Chennai. KSRTC has contended that Kerala State Road Transport Corporation is aware of use of the mark by the Karnataka RTC since 42 years and hence they are not entitled to apply for a declaration that the registration of the later trade mark is invalid, since they have acquiesced the usage of mark by Karnataka RTC.
The Kerala RTC too has obtained registration of the marks in 2019 claiming prior use. The matters which were pending before the IPAB were transferred to the High Court of Madras at Chennai after abolition of IPAB by the Central Government.
The matter was posted before the High Court of Madras on 12 December and the High Court has dismissed the applications filed by Kerala RTC and the case is decided in favour of KSRTC. In view of the dismissal of the case filed by Kerala RTC, the Karnataka RTC has no legal hurdle to use the name “KSRTC’’ in future also.
