Supreme Court Overturns Trademark Registration in Landmark Ruling
Summary
The Supreme Court has canceled Sujal Foods Pvt. Ltd.’s registration of the Candyman trademark and upheld ITC Limited’s Candyman Cocolear registration in a landmark intellectual property ruling. The decision establishes a new precedent in Nepal on well-known trademarks, trans-border reputation, and trademark piracy.
Key Points
- The Supreme Court overturned earlier decisions by the Department of Industry and the Patan High Court in the Candyman trademark dispute.
- The court canceled Sujal Foods Pvt. Ltd.’s registration of the Candyman name, logo and label, while upholding ITC Limited’s Candyman Cocolear registration.
- It ruled that well-known foreign trademarks can be protected in Nepal even without local registration when there is trans-border reputation and bad-faith imitation.
- The judgment cites Nepal’s obligations under the Paris Convention and WTO framework and warns against trademark squatting in Nepal.
