On March 12, the Delhi High Court responded to a plea filed by The Beer Cafe by directing the removal of the 'Be the Beer' mark from the Register of Trade Marks.
"Considering that there is no response from respondent No. 1, the averments of the petitioner would stand admitted, aside from the facts of prior registration, user, and deceptive similarity. Accordingly, the petition is allowed. The impugned mark of respondent No. 1 be removed from the register. The website of the Registrar of Trade Marks be updated accordingly."
The Court instructed the Registrar of Trade Marks to complete the removal process within four weeks. This directive came during the hearing of a plea submitted by BTB Marketing Private Limited, the owner of The Beer Cafe chain, which sought rectification of the 'Be The Beer' trademark registered in the name of Deepshikha Singh in October 2017.
BTB Marketing contended that the 'Be The Beer' mark bore a striking resemblance to its own mark, which is used for its cafes. Given that BTB Marketing operates in the food and beverage sector and runs cafes, the addition of the prefix 'BE' was deemed to create a deceptive similarity with its established and previously used registered mark.
After carefully considering the facts of the case, the Court ordered the removal of the 'Be The Beer' mark from the Register of Trade Marks. Advocate Rishi Kapoor and Devoleena Datt represented the petitioners during the proceedings.
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