Scribd
Upload
343 views1 page

Amul

Amul, a dairy major from Gujarat, won a trademark dispute against a milk producers' cooperative union from West Bengal called Ichhamati Co-operative Milk Producers’ Union Limited. Ichhamati had applied to register the trademark "Imul" but Amul opposed this, arguing that "Imul" was phonetically similar to its own established trademark "Amul" and could cause confusion. The Intellectual Property Appellate Board agreed, finding the marks were deceptively similar and likely to cause confusion among consumers. However, Ichhamati claimed it had adopted "Imul" as a trademark in 2001.

Uploaded by

Vishal Choudhary
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
343 views1 page

Amul

Amul, a dairy major from Gujarat, won a trademark dispute against a milk producers' cooperative union from West Bengal called Ichhamati Co-operative Milk Producers’ Union Limited. Ichhamati had applied to register the trademark "Imul" but Amul opposed this, arguing that "Imul" was phonetically similar to its own established trademark "Amul" and could cause confusion. The Intellectual Property Appellate Board agreed, finding the marks were deceptively similar and likely to cause confusion among consumers. However, Ichhamati claimed it had adopted "Imul" as a trademark in 2001.

Uploaded by

Vishal Choudhary
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 1

AMUL VS IMUL

VS

Dairy major Amul of Gujarat has won a trademark dispute with a milk producers co-operative
union in West Bengal, which sought to market a brand of milk named Imul.

Ichhamati Co-operative Milk Producers Union Limited filed an application for registration of
the mark IMUL. After the advertisement of this application, Kaira District Co-Operative Milk
Producers Union Limited (appellant) opposed registration of the trademark. The opposition
was based on the ground that the appellant was carrying on a well established business of
manufacturing, marketing and exporting milk products under the name AMUL since 1955.
By virtue of its long, continuous and extensive use of the trademark, it was contended that
the public now associated AMUL with the appellants products. Therefore, the respondents
adoption of the mark IMUL would cause confusion among the public and in the trade as it
was deceptively similar to the appellants trademark.

The marks are no doubt phonetically similar, except for first letters a and i. When we consider
the marks to be deceptively similar, the possibility of confusion is certain. The trademark,
therefore, shall not proceed to registration. The Kaira District Co-Operative Union said it was
carrying on a well-established business at Anand in Gujarat, manufacturing, marketing and
exporting a wide range of items such as milk, diary products and food products under the
trademark Amul since 1955.

The IPAB used the test of an unwary purchaser with average intelligence and imperfect
recollection to show that phonetically similar marks are likely to cause confusion among
such purchasers. Moreover, case law showed that AMUL had become a household name
and the appellant had been successful, in the past, in restraining others from using its
registered trademark. The adoption and use of Imul as a trademark would cause confusion
and deception among the trade and public. However, the West Bengal milk producers co-
operative union claimed it had adopted Imul as a trademark in 2001.

The Registrar ruled in favour of the Ichhamati union, saying its sales turnover had increased
periodically and refusing registration would cause unnecessary inconvenience and damage
to it.

AKASH KUMAR
FC VII

You might also like