The Delhi High Court has recently ordered the cancellation of a trademark granted to the food outlet "Andaaz-e-Nizaam" in the city's Nizamuddin area following a lawsuit filed by the Indian restaurant chain "Nizam's."

Justice Mini Pushkarna ordered the Registrar of Trademarks to remove or cancel the trademark "Andaaz-e-Nizaam," which was registered in November 2021 in favor of its owner, Mehruddin Ansari. The court upheld the plea filed by Nizam's owner, Rajesh Chugh, who claimed that the disputed trademark was deceptively similar and identical to the one registered for his food chain.

Rajesh Chugh argued that he had been using the "Nizam's" trademark since January 1978 for food, drinks, and temporary accommodation. He asserted that the public exclusively associated the trademark with his goods and services. In response, Ansari's counsel stated that his client did not intend to use the disputed trademark "Andaaz-e-Nizaam" and would instead operate his business under the names "Daawat-e-Nizamuddin" and "Andaaz-e-Nizamuddin."

In response, Chugh's counsel stated that there would be no objection if Ansari conducted his business under the proposed names. Following this, Ansari's counsel confirmed that his client would change the name of his food outlet, trade name, and partnership firm to either "Daawat-e-Nizamuddin" or "Andaaz-e-Nizamuddin."

Consequently, the court directed Ansari to take the necessary steps to change the trade name, partnership firm, and food outlet to the new name within four weeks.

Case Title: SHRI RAJESH CHUGH v. MEHRUDDIN ANSARI & ANR.