Bombay High Court: Companies Can Claim ‘Surname Defence’ Under Trade Marks Act

The Bombay High Court ruled that companies can invoke the "surname defence" under Section 35 of the Trade Marks Act, provided the use is bona fide and rooted in genuine business lineage.

Reversing a single-judge order, the bench held that Section 35 does not exclude incorporated entities.

The dispute involved the use of the name "Kataria" by an Ahmedabad-based brokerage and a Mumbai-based jewellery insurance firm.

The Court found the brokerage's use legitimate as "Kataria" was the promoters' surname used since 1955, and noted no overlap in their specific niche markets.

[Kataria Insurance Brokers Pvt. Ltd. v. Bhavesh Suresh Kataria]