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:-
Source:
www.ipindiaonline.gov.in
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