Two Popular Confectionery Brands Reached Settlement Over Trademark Issues in Delhi HC

Delhi High Court Law Insider

Shashwati Chowdhury

Published on: August 6, 2022 at 20:33 IST

In a trademark dispute with Theobroma before the Delhi High Court, confectionery company Theos has agreed to restrict its services for goods carrying the THEOS mark to the Delhi-NCR region. (Theobroma Foods Pvt Ltd v. Theos Food Pvt Ltd & Ors)

The Court also recorded that Theobroma is free to expand the number of its outlets around the country.

Theobroma had initially objected to Theos using the mark “THEOS” or “THEO’S“, but the Mumbai-based confectionery brand allowed it as long as Theos limited its business to the Delhi-NCR region, according to the court.

Theos was further told not to do any online business outside the Delhi-NCR region using the said mark or name.

Justice Prathiba M. Singh ordered in recognition of the parties mutual agreement to reach a settlement.

“Theobroma is free to expand its outlets under the mark/name ‘THEOBROMA’ across the country. However, Theos shall be restrained to the Delhi-NCR region, insofar as its goods and services provided under the mark/name ‘THEOS’/‘THEO’S’ is concerned.”

However, the Court also stated that Theos was free to use a prefix or a suffix in addition to its mark or name for expansion, as long as the mark or name totally was not identical or misleadingly similar to Theobroma and did not cause confusion.

Theobroma should continue to have all of its trademark registrations for “THEOBROMA” and its registered variants and derivatives, including “THEOS” and “THEO,” according to the Court. The rights to these names and marks belong to Theobroma, who is allowed to defend them and take any enforcement- and opposition-related measures.

On August 24, the matter will be heard once more.

Theos filed the current lawsuit in an effort to prevent Theobroma from utilising the “THEOS” brand while Theobroma had filed a trademark infringement lawsuit against Theos before the Bombay High Court. Theobroma was using the mark “THEOS” as a prefix to the names of numerous food items being sold across its outlets in the case of Theos.

The Court has given August 24 for matter to be heard one more time.

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