Patanjali Withdraws Its Trademark Applications For "OJAS" After Facing Suit For Trademark Infringement

SR
S.S. Rana & Co. Advocates

Contributor

S.S. Rana & Co. is a Full-Service Law Firm with an emphasis on IPR, having its corporate office in New Delhi and branch offices in Mumbai, Bangalore, Chennai, Chandigarh, and Kolkata. The Firm is dedicated to its vision of proactively assisting its Fortune 500 clients worldwide as well as grassroot innovators, with highest quality legal services.
Charak Pharma Pvt. Ltd. is an Indian company founded in 1947 by the brother duo, Shri D.N. Shroff and Dr. S.N. Shroff, which manufactures and sells ayurvedic and herbal medicines in India and also exports...
India Intellectual Property

 Recently, Patanjali Ayurveda Limited was faced with allegations of infringing Charak Pharma Pvt. Ltd.'s trademark "Ojus" by using a deceptively similar trade mark "Ojas" for its soap brand.

Brief Description of the Parties

Charak Pharma Pvt. Ltd. is an Indian company founded in 1947 by the brother duo, Shri D.N. Shroff and Dr. S.N. Shroff, which manufactures and sells ayurvedic and herbal medicines in India and also exports to 35 other countries abroad. Patanjali Ayurveda Limited is an Indian fast-moving consumer goods (FMCG) company, which was founded by renowned yoga guru, Baba Ramdev and his close aide, Āchārya Balkrishna, and is known to have achieved a tremendous presence around the globe and throughout India in a very small time since its inception in 2006.

Litigation Proceedings in the Bombay High Court

Charak Pharma Pvt. Ltd. had filed a case being Suit (L) No. 216 of 2017 with Notice of Motion (L) No. 724 of 2017 in the Bombay High Court on March 27, 2017, against Patanjali Ayurveda Limited for allegedly using the mark "Ojas" which is deceptively similar to its registered trade mark "Ojus".

Pursuant thereto, Patanjali Ayurved Limited appeared before Hon'ble Mr. Justice G.S. Patel of the Bombay High Court through their counsels and undertook to withdraw their applications for registration of the impugned mark "Ojas". The said undertaking was accepted and recorded by the Court vide its order dated April 11, 2017. In view of the said undertaking, the Plaintiff, i.e., Charak Pharma Pvt. Ltd., did not press for their prayers for damages and costs against Patanjali Ayurved Ltd.

Status of Trade Marks of the Parties

Our research team has put together a list of the trade mark applications/registrations of both Charak Pharma and Patanjali for their marks "Ojus" and "Ojas" in India:-

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More