Delhi High Court declares Toyota’s “ALPHARD” a well-known trade mark in India
The Court ordered removal of identical “ALPHARD” registrations, recognising Toyota’s trans-border reputation and spillover goodwill in India.
The Court ordered removal of identical “ALPHARD” registrations, recognising Toyota’s trans-border reputation and spillover goodwill in India.
“It is not what meaning is being assigned by the words chosen by the appellant, but the determining factor is whether it is deceptively similar.”
Acknowledging the principle of territoriality, prior use in international jurisdictions, the registration obtained for the subject mark ‘WR’ in such territorial jurisdictions and other relevant materials produced by Yamaha, the Court directed fresh review of the application.