It started when a Hyderabad based MagFast Beverages emerged as a winner in the battle for using the trademark MOUNTAIN DEW against the multinational giant “PepsiCo”. Syed Ghaziuddin, the chairman of MagFast Beverages, claimed that they started selling packaged drinking water named ‘Mountain Dew’ in the year 2000.
Claiming priority over their respective mark MOUNTAIN DEW since 2000, by selling their trade name in respect with packaged drinking water in Hyderabad and also in the whole country, the trademark reached its recognition nationwide.
When the American Giant PepsiCo launched it soft drink product in India with the identical name “Mountain Dew”, they filed a suit against the MagFast Beverage for the infringement of the alleged trademark in Delhi High Court, but the Delhi High court refused their appeal.
After fighting for over 15 years, on December 31, 2019 the claims by PepsiCo were set aside by the court.
PepsiCo gave an announcement saying it is the registered owner of the brand name Mountain Dew in India.
PepsiCo is the registered owner of the trademark MOUNTAIN DEW in India since 1985 and continues to be so. PepsiCo’s trademark rights in MOUNTAIN DEW have not been affected in any manner due to the orders passed by City Civil Court Hyderabad. PepsiCo has been advised that it has strong grounds for challenging the orders passed by City Civil Court Hyderabad in appeal, both on facts as well as on law, and we are in process of filing the Appeal before the Hon’ble High Court,” PepsiCo spokesperson said.
In the above mentioned facts of the case it’s been clearly mentioned about how a priority claim over a trademark is an important aspect in filing trademark. Also, recognition of a mark is an important defence over claiming over a mark.
We know that well-known trademarks assume a significant part worldwide in the business sector and in distinguishing images and signs that are broadly known to the huge overall population and appreciates a genuinely high notoriety.
India has given well-known trademark exceptional rights over registration of identical or deceptively similar marks, and furthermore against their mistreatment. The officials in India have made explicit arrangements for defending the well-known brand names in The Trademark Act of 1999 and The Trademark Rules of 2017, as prior the notable brand names were shielded under Common law from where the passing off was formulated. Well-known brand names are characterized under the Trademark Act, 1999 (‘the Act’) as:
“[I]n relation to any goods or services, a mark which has become so to the substantial segment of the public which uses such goods or receives such services that the use of such mark in relation to other goods or services would be likely to be taken as indicating a connection in the course of trade or rendering of services between those goods or services and a person using the mark in relation to the first-mentioned goods or services.”
But when priority claim is made over a mark it enables you, as the owner, to file subsequent trademark applications in any of the Convention’s signatory countries using the effective date of your first application, as long as you file the subsequent applications within six months of your original trademark application.
Claiming priority is a procedure frequently utilized by enterprises registering brand names in countless nations, to prevent trade name vagrants or contenders from having the option to enlist a trade name.
In the end, it’s said, by the PepsiCo’s chairperson, that since PepsiCo have been the registered owner of the trademark MOUNTAIN DEW in India since 1985, and continues to be so, PepsiCo’s trademark rights in MOUNTAIN DEW have not been affected in any manner due to the orders passed by City Civil Court Hyderabad.
Also, PepsiCo has been advised that it has strong grounds for challenging the orders passed by City Civil Court Hyderabad in appeal, both on facts as well as on law, and we are in process of filing the Appeal before the Hon’ble High Court.
