Trademark

SpicyIP Tidbit: SC dismisses SLP in the trademark matter between Anchor Health and Proctor & Gamble


procter and gambleIn early June, I had covered the Single Judge and Division Bench decision of the Delhi High Court in the trademark dispute between Anchor Health and Beauty Care Pvt Ltd and Procter and Gamble Manufacturing Co Ltd. (available here and here). The Division Bench ruled on two issues, first, whether the plaintiff’s mark ‘ALLROUND PROTECTION’ was descriptive and secondly, whether ‘ALLROUND PROTECTION’ was the primary trademark of the plaintiff.  On the first issue, the Division Bench ruled that ‘ALLROUND PROTECTION’ cannot be stated to be descriptive because it possibly describes the quality or property or functionality of the toothpaste, as such description is specific to the product. On the second issue, the Division Bench stated that an argument based on primary trademark renders the process of advertising redundant. Therefore, it ruled that the plaintiff can have two trademarks ‘ANCHOR’ and ‘ALLROUND PROTECTION’ which co-exist in relation to the same product.

Procter & Gamble filed a Special Leave Petition against the Division Bench decision to the Supreme Court. The Apex Court upheld the Division Bench’s order as it is and dismissed the Special Leave Petitions. The full Judgment of the Supreme Court is not available as of now. We will come out with a full analysis once we get our hands on the same!

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L. Gopika Murthy

Gopika is a fourth year student at National Law School of India University, Bangalore. She was formerly the Chief Editor of the Indian Journal of Law and Technology. Her first exposure to Intellectual property law and SpicyIP was through the University Moot Rounds at NLSIU, Bangalore in her first year. She has been regularly following the developments in the field of IPR since then and she hopes to contribute to the reporting of such developments. Her areas of interest in IP include copyrights, open access, fair dealing and trademarks.

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