In a significant legal victory, the Karnataka State Road Transport Corporation (KSRTC) has secured legal ownership of its trademarks, including the widely used abbreviation KSRTC.
The Madras High Court recently ruled in favour of KSRTC, dismissing a petition filed by the Kerala State Road Transport Corporation (KSRTC) challenging the use of the trademark 'KSRTC.'
On December 12, 2023, Justice Senthilkumar Ramamoorthy dismissed Kerala RTC's petition, citing Section 12 of the Trade Marks Act, allowing registration of identical or similar trademarks for similar goods or services in cases of honest concurrent use or other special circumstances. The judge noted that both entities had been using the trademark for identical transportation services, with Karnataka RTC using it since 1974.
The dispute, rooted in a prolonged legal battle for intellectual property rights, saw Karnataka SRTC taking proactive measures by officially registering the abbreviation and its logo with the Controller General of Patents, Designs, and Trademarks.
Photo: Hindustan Times
In response to the court's decision, KSRTC released a statement emphasizing that there is no legal prohibition for the Karnataka State Road Transport Corporation to use the KSRTC abbreviation. The court further rejected Kerala SRTC's claim for exclusive rights to the abbreviation.
KSRTC, in its statement, revealed that it applied for a Trade Mark Certificate for 'KSRTC,' granted in 2013 by the Trade Mark Registry of the Government of India, with a user date tracing back to November 1, 1973. Additionally, copyright protection was secured for the 'KSRTC' logo and 'Gandabherunda art' from the Registrar of Copyrights.
The legal conflict escalated when Kerala SRTC challenged Karnataka SRTC's trademark registration before the Intellectual Property Appellate Board (IPAB) in Chennai.
Karnataka SRTC that Kerala SRTC, being aware of Karnataka SRTC's trademark use for 42 years, had effectively acquiesced to the mark's usage. It asserted that Kerala SRTC couldn't legitimately seek a declaration of the later trademark's invalidity.
Anbu Kumar, the Managing Director of KSRTC, expressed contentment with the recent decision of the Madras High Court, stating, “We are pleased with the Madras High Court's decision. Over the decades, KSRTC has built a robust brand presence, becoming a household name in Karnataka. We have garnered a positive reputation for delivering quality intra-state and inter-state services. With this legal resolution, we can continue using the trademark 'KSRTC' without any hindrances, and our counterpart in Kerala can also proceed with the same.”
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