Court allows Maruti Courier to retain its brand name

The Ahmedabad City Civil Court has ordered that Shri Maruti Courier Services Pvt Ltd can retain its brand name.

Shri Maruti Courier had filed a suit against the Ahmedabad-based Maruti Express Courier (MEC) for using a similar brand name that too in the same field of business.

The written order is yet to be issued by the Civil Court.

At present, Shri Maruti Courier that is headquartered in Porbander, has 250 franchisees across the nation that provide services to the various organisations.

"In response to the suit filed in 2002, the court has given verdict in favour of Shri Maruti Courier to retain its brandname. The court has ordered MEC to not to use Maruti as brand in the same field of services even if it is a name of a Hindu god," Jatin Trivedi, a senior member of Ahmedabad-based law firm Y J Trivedi and Co, which appeared for Shri Maruti Courier.

"We had argued that the plaintiff has developed the distinctiveness in the field with its expertise. I believe it is the first time in the state any court has given ruling under the revised Trademark Act 1999 with consideration to the provisions for service mark," he added.

Shri Maruti Courier is using the mark Maruti for courier services since its incorporation in 1987. Later, SMCS had adopted Maruti Travel and Cargo in the year 1985 that was changed to SMCS in 1987 with its foray into the courier services.

MEC was earlier operating under the franchisee of Bombay Maruti Air Courier and adopted the brand 'Maruti' in 1994-95 for the same business after it distanced away from the Mumbai-based company's network.