Delhi High Court declares TAJ a well-known trademark

The Delhi High Court recently declared the "TAJ" mark and related marks belonging denoting the luxury hotel chain, as well-known trademarks under the Trade Marks Act, 1999. .With this ruling, the "TAJ" marks receive stronger legal protection, preventing their unauthorised use even in unrelated industries.Justice Amit Bansal passed the ruling on March 11 on a suit by the Indian Hotels Company Limited (IHCL), which claimed that its "TAJ" trademark was being unlawfully used by certain other persons. "(With) the long duration for which the TAJ marks have been in use by the plaintiff, wide geographical area of their use, their knowledge among the general public and their goodwill and reputation due to the extensive promotion, publicity and extensive revenue generated by the plaintiff, in India as well as other countries - the TAJ marks have achieved the status of well-known trade marks," the Court held.It added that the TAJ marks can be declared a well-known trademark in respect of hotels and other related services in the hospitality industry..IHCL (part of the Tata group) had filed the suit seeking a permanent injunction against two persons (defendants). IHLCL accused the defendants of trademark infringement, copyright violation, and trying to pass off their services as those of IHCL's. .The defendants consented to a decree of permanent injunction, paving the way for the Court to address IHCL’s request to declare its TAJ marks as well-known trademarks.IHCL argued that the TAJ marks have achieved unparalleled recognition and goodwill over the past 120 years, which was supported by extensive use, promotion, and enforcement of trademark rights. IHCL presented evidence as well, including awards, historical photographs, financial data, and social media metrics, to demonstrate the brand’s widespread recognition and reputation.The Court noted that IHCL’s request to declare TAJ a well-known mark was unopposed by the defendants..IHCL also informed the Court that it was incorporated in 1902, and is one of India’s oldest and most prestigious hospitality companies. It operates iconic brands such as TAJ, SeleQtions, VIVANTA, and GINGER, with a portfolio of approximately 350 hotels across 13 countries. The TAJ brand, which began with the opening of The Taj Mahal Palace in Mumbai in 1903, has grown into a globally recognized name in luxury hospitality, IHCL said. .The Court, after reviewing the extensive evidence, ruled that the TAJ marks meet all criteria under Section 11(6) and Section 11(7) of the Trade Marks Act, 1999, to be declared as well-known trademarks. The Court highlighted the following factors in its decision:1. Public Recognition: The TAJ marks are widely recognized in India and globally, supported by awards such as “India’s Strongest Brand” by Brand Finance in 2020, 2022, and 2023.2. Duration and Extent of Use: The marks have been in continuous use since 1903, with a presence in over 130 locations worldwide.3. Promotion and Advertising: IHCL has consistently promoted the TAJ brand through advertisements, CSR activities, and social media, amassing millions of followers across platforms like Facebook, Instagram, and LinkedIn.4. Trademark Registrations: IHCL holds over 100 trademark registrations for the TAJ marks in India and several other countries.5. Successful Enforcement: IHCL has a strong record of protecting its trademarks through legal actions, including previous court rulings that recognised its rights.."Accordingly, the plaintiff fulfils all the criteria set out in Section 11(6) read with Section 11(7) of the Act for declaring the TAJ marks as well-known trade marks in respect of hotels and other related services in the hospitality industry. Accordingly, in terms of prayer clause contained in paragraph no.79(vii) of the plaint, a decree of declaration is passed declaring the TAJ marks as well-known trade marks within the meaning of Section 2(1)(zg) of the Act," the Court ruled. .IHCL was represented by Advocates Pravin Anand, Achuthan Sreekumar, Rohil Bansal and Swastik Bisarya from Anand & Anand..The defendants were represented by Advocate Abhyanand..[Read Judgment]