Court ruling leads to cancellation of ‘Perfect Center Fillz’ trademark
Summary
The Department of Industry has cancelled the trademark registration of ‘Perfect Center Fillz’ chewing gum after the Supreme Court found it too similar to Perfetti Van Melle S.p.A.’s ‘Center Fruit’ trademark. The ruling says trademark similarity must be judged by overall impression, not just individual words, and can trigger cancellation under Nepal’s trademark law.
Key Points
- The Department of Industry cancelled the ‘Perfect Center Fillz’ trademark after a Supreme Court ruling on trademark similarity.
- The court found the mark could confuse ordinary consumers because it resembled Perfetti Van Melle S.p.A.’s ‘Center Fruit’ brand.
- The ruling said similarity must be judged by pronunciation, appearance, product nature, sales context and overall market impression.
- Nepal’s Patent, Design and Trademark Act, 2022 allows cancellation of registered trademarks and penalties if cancelled marks continue to be used.
