Delhi High Court Declares "TAJ" Marks As Well-Known Trademarks

The petition was regarding the trademark rights of the "TAJ" marks, which are associated with the luxury hotel chain owned by the Indian Hotels Company Limited (IHCL). The company claimed that its "TAJ" trademark was being misused by certain individuals in violation of trademark law.

A Bench of Justice Amit Bansal said, "(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."

IHCL, which is a part of the Tata Group, filed the suit seeking a permanent injunction against two defendants accused of trademark infringement, copyright violations, and attempting to pass off their services as those of IHCL’s. The defendants agreed to a decree of permanent injunction, which allowed the court to focus on IHCL’s petition to declare the "TAJ" marks as well-known trademarks.

IHCL argued that the "TAJ" marks have gained unparalleled recognition and goodwill over the past 120 years. They supported their claim by presenting a wealth of evidence, including awards, historical photographs, financial data, and social media metrics, all of which attested to the brand's extensive recognition and reputation.

Notably, the defendants did not oppose IHCL’s request to have the "TAJ" marks recognized as well-known trademarks. IHCL also shared that it was incorporated in 1902 and is one of India’s oldest and most prestigious hospitality companies. The company operates several prominent hotel brands, including TAJ, SeleQtions, VIVANTA, and GINGER, with approximately 350 hotels across 13 countries. The TAJ brand itself, which began with the opening of The Taj Mahal Palace in Mumbai in 1903, has become a symbol of global luxury hospitality.

The Court, after reviewing the evidence presented, concluded that the "TAJ" marks met all the criteria under Sections 11(6) and 11(7) of the Trade Marks Act, 1999, for being declared as well-known trademarks.

In its ruling, the court specifically highlighted the following factors:

1. Public Recognition: The "TAJ" marks are widely recognized both in India and internationally. They have received notable recognition, including being named "India’s Strongest Brand" by Brand Finance in 2020, 2022, and 2023.
2. Duration and Extent of Use: The "TAJ" marks have been in continuous use since 1903, and IHCL has established a significant presence with over 130 locations worldwide.
3. Promotion and Advertising: IHCL has consistently promoted the "TAJ" brand through a variety of channels, including advertisements, corporate social responsibility (CSR) activities, and social media. The brand has amassed millions of followers across platforms such as Facebook, Instagram, and LinkedIn.
4. Trademark Registrations: IHCL holds over 100 trademark registrations for the "TAJ" marks in India and various other countries, further cementing the brand’s global presence and recognition.
5. Successful Enforcement: IHCL has a strong record of protecting its trademarks through legal actions, including several past court rulings that have affirmed its rights over the "TAJ" marks.

Consequently, the Court ruled, "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."

Cause Title: The Indian Hotels Company Limited v. Gaurav Roy Bhatt & Anr., [2025:DHC:1714]

Appearance:

Plaintiff: Advocates Pravin Anand, Achuthan Sreekumar, Rohil Bansal, and Swastik Bisarya from the law firm Anand & Anand.

Defendants: Advocate Abhyanand

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