Delhi High Court Upholds Trademark Protection for Portmanteau Marks

Delhi High Court Upholds Trademark Protection for Portmanteau Marks

  • Case Name: Disposafe Health & Life Ltd. v. Rajiv Nath

The Delhi High Court, in the present case, ruled in favor of Disposafe (petitioner), affirming the protectability of portmanteau trademarks.

Disposafe, owner of "DISPOSAFE," challenged Hindustan’s use of "DISPO," arguing for exclusivity. 

The Division Bench reversed an earlier ruling, stating that while "DISPO" is publici juris (generic), "DISPOSAFE" has distinctiveness deserving trademark protection.

The court applied the prior user doctrine, emphasizing that established usage strengthens exclusivity claims.

The judgment clarifies that blended trademarks, even with generic elements, can secure legal recognition if they create a unique identity. 

HC Judgement / 4 months ago

 Nishtha GuptaBookmark

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