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The trademark was registered in 1992 in India by Gillette UK Ltd in respect of perfumes, cosmetics, non-medicated toilet preparations, soaps, shampoos, hair preparations, shaving products, deodorants for personal use and for other items included in Class 3 of the trademark classifications.
In 2001, the trademark was assigned to Gillette and HUL filed an objection against the grant of the mark based on its registrations and to the use of the 'Sun' mark. Gillette argued that the trademark 7 '0 Clock is not in any conflict with the prior applications/ registrations detailed or use of any of these marks in India.
The trademark office considered HUL's opposition on merit and in December 2009 rejected it. HUL then filed an appeal against the decision of the trademark office before the Intellectual Property Appellate Board (IPAB).
After mutual discussions both Gillette and HUL have agreed to resolve the dispute amicably, said a recent IPAB order.
Both companies have agreed to work out a settlement, under which HUL agrees to allow Gillette's application for the trademark to proceed subject to Gillette agreeing to amend the specification of goods in which the Sun is graphically represented, to perfumes, cosmetics products related to shaving, non-medicated toiled preparations and a host of other items.
"It is hereby made clear that the limitations of goods set out in clause III is in respect of Application no 575761 in Class 03 only and nothing herein should be construed as Gillette's waiver of its legal right to register or use the term Sun or graphical representations of the Sun in respect of its aforesaid goods as long as the same does not infringe upon HUL's trademark registrations or cause confusion in the trade," said the copy of settlement.
The agreement is restricted to India.
The IPAB disposed off the appeal of HUL against the trade mark, recording the terms of agreement.
