Madras High Court Upholds Rejection of 7-Eleven’s ‘Big Bite’ Trademark in India

The Madras High Court upheld the rejection of 7-Eleven’s “Big Bite” trademark application, ruling that international reputation alone cannot establish goodwill in India for a passing off claim.

Justice N Anand Venkatesh mentioned that 7-Eleven failed to show commercial presence or sufficient goodwill in the Indian market at the relevant time. 

Mere online visibility was held insufficient to prove use. The Court also addressed Section 18 of the Act, noting that an application based on “proposed to be used” must reflect a definite and present intention to trade.

The Court also noted the absence of proof that the mark qualified as a well-known trademark under the Trade Marks Act, 1999.

[7-Eleven International LLC v. Deputy Registrar of Trademarks]