The Delhi High Court recently granted a decree of declaration stating the mark 'Haldiram', as well as the oval-shaped mark, as a ‘well-known’ mark in respect of food items as well as in respect of restaurants and eateries, is granted.

A Plaint was filed by Haldiram India Pvt. Ltd. seeking protection of its mark and declaration of a ‘well-known’ trademark. The Plaint also sought a decree of permanent injunction, restraining Defendants from selling the products under the impugned mark ‘Haldiram’/‘Haldiram Bhujiwala’ or any other marks that are deceptively similar.

The Bench of Justice Prathiba M. Singh observed “There is no doubt that the 'HALDIRAM'S' brand, with its origins deeply rooted in India's rich culinary tradition, has not only established a presence within the national market but has also extended its influence globally, transcending geographical, cultural, and national boundaries. As evidenced by the documents placed on record, Plaintiff’s global footprint is indicative of the brand's robust spill-over reputation, where the authenticity of 'HALDIRAM'S' products resonate with a diverse audience, including in those regions where the brand does not have legal presence.”

Advocate Neeraj Grover appeared for the Plaintiff.

Moreover, the Court also observed that the fact that there may be a division between certain family members – territorially, would not affect the decision in declaring the mark as well-known, as it is the reputation and goodwill of the mark across products and services that is being recognized by a well-known declaration.

The Court held “Thus, this Court is of the opinion that based on the averments in the plaint, the documents on record, and the reputation of the ‘HALDIRAM'S’mark and logo as gleaned from the record, it is clear that the Plaintiffs' mark and logo 'HALDIRAM', as well as the Oval-shaped mark, have acquired ‘well-known’ status. Considering the use of the mark since the 1960s in the food industry, and the factors outlined above, the mark and logo 'HALDIRAM' have achieved the status of a 'well-known mark'. Accordingly, a decree of declaration declaring the mark 'HALDIRAM', as well as the Oval-shaped mark, as a ‘well-known’ mark in respect of food items as well as in respect of restaurants and eateries, is granted.”

The Court relied on the Local Commissioner’s Report which showed that there was an extensive use of the marks by the Defendants for a range of products such as salt, mustard oil, wheat flour, bottled water, ghee and rice. The Commissioner also made an inventory which revealed sufficient packaging material.

The Court decreed the suit in favour of the Plaintiff for a sum of Rs. 50 Lacs on account of damages and Rs. 2 lacs were awarded as costs.

The Court, in view of the decree passed, directed the Registrar of Trademarks to reject all the applications filed by Defendants seeking registration of the marks.

Accordingly, the Suit was disposed of.

Cause Title: Haldiram India Pvt. Ltd V. Berachah Sales Corporation & Ors. (Neutral Citation: 2024:DHC:2517)


Plaintiff: Advocates Neeraj Grover, Arpita Mishra, Kashish Sethi, Sunidhi Gupta, Ayushi Chandra, Ritu Khandelwal

Click here to read/download the Judgment