The Intellectual Property Appellate Board (IPAB) has set aside an order by the senior examiner of the Patent Office, allowing the application of a Mumbai-based company to register the 'Maggi' trademark for its household and kitchen appliances.
Nestle, the Swiss multinational giant which has food products under the same trade name, had filed the petition.
The initial order of the senior examiner of trademarks, under the Controller General of Patents, Designs and Trademarks, had allowed the application of Swaraj Industrial and Domestic Appliances Pvt Ltd to register the Maggi trademark for its household appliances.
On Nestle's appeal, IPAB vice-chairman S Usha and technical member V Ravi noted the earlier order was passed by the senior examiner of trademarks, whereas the registrar alone had the power to hear and decide the matter. Hence, they said, the said order lacked legal validity.
Also, it said, if the application for registration was allowed, it was likely to cause confusion and deception. And, that Swaraj hadn't adequately established a reason for adoption of the Maggi trademark.
Swaraj had filed applications for the Maggi trademark for various household articles and kitchen appliances, beside electronic equipment. Trademark applications were filed for electric fans, heater, geysers, bulbs, electric components, gas lighters and heating utensils, too.
The senior examiner at the patent office said the goods in question were quite distinct from those of Nestle and the latter had also not proved that the trademark was well known.
In the IPAB, Nestle argued the word Maggi was derived from the surname of Julius Maggi, founder of the business of Nestle Group, carried on from 1886 up to 1947. And, that Nestle had sold products under the trademark in India since 1974. It had registered it in 1970 in India for various food products.
Annual sales turnover on this head was Rs 673 crore in the year 2007, it added.
In reply, the counsel for Swaraj said they'd been using the Maggi trademark since 1984 and the rival goods were different.
