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Jun, 06 2015

Gowardhan ‘GO’ down in trademark tussle

However, it was successfully proved by \'GOSIP\' that their style of writing \'GO\' on its flavored milk product is vey different than that of Gowarthan \'Go\'

Parag Milk Food Pvt Ltd, one of the India’s manufacturer and seller of milk products conducting the business under the brand name ‘Gowardhan’ and ‘Go’ have recently lost the injunction application in a order dated 19th May 2015 passed in civil suite no 10/2015 in the court of honorable district, Pune against the brand ‘GOSIP’ under Pastonji Ice cream and Beverages.

With a view to appreciate exact nature of the dispute, the court clearly stated the difference between “Mark” and “Trademark”.

‘Mark’ includes a device, brand, heading, label, packaging, signature or combination of colours whereas ‘Trademark’ means a mark capable of being represented graphically and distinguishing the goods or services.

So, further it was made clear that Gowardhan is owner of the trademark “Go” in device category and not in word category.

However, it was successfully proved by “GOSIP” that their style of writing “GO” on its flavored milk product is vey different than that of Gowarthan ‘Go’.

Also, the word ‘Go’ in respect of milk products is referable to cow in vernacular language and the same in generic.

Therefore, the word ‘Go’ comes with the conditions and limitations set out in the certificate that, registration of this trademark shall give no right to the exclusive use of the descriptive matters. The descriptive matters contain milk and different type of milk products.

Based on this argument, the judge concluded that the application stands rejected.  

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