The Delhi High Court noted that the brand 'AMUL' has achieved a vast and far-reaching reputation across the nation. Its range of products has extended well beyond just milk, now being accessible not only in traditional retail outlets but also in stores operated or franchised by the company.

“The mark 'AMUL' has therefore acquired huge, undiluted, enduring significance and is relatable to source of goods of petitioners. Also its protection would transcend all classes having been declared a well-known mark,” Justice Anish Dayal said.

The court was addressing a rectification plea filed by Kaira District Cooperative Milk Producers Union Limited and Gujarat Co-operative Milk Marketing Federation Limited. They sought the removal of the "Amul" trademark used by DN Bahri Trading for products such as mineral water, alcoholic beverages, and fruit juices.

The petitioners asserted their rights to the trademark 'AMUL,' encompassing the word mark along with various other device and formative marks. Additionally, they highlighted that 'Amul' had been officially recognized as a well-known trademark in 2011.

The petition claimed that the contested mark was registered in favor of the respondent entity. An application for trademark registration was submitted in March 2003. In granting the plea, Justice Dayal noted that the respondent entity failed to provide any documentation supporting their purported use of the contested mark since 1957, as they had claimed.

“There is not a sliver of any documentation, photograph, advertisement, invoice or any other visual or documentary proof to support their assertion that they were indeed using the said mark on some goods,” the court said.

The court dismissed the respondent's argument that 'AMUL' is a generic term derived from the Hindi word 'Amulya,' and thus cannot be exclusively dominated as a trademark. It noted that 'AMUL' has acquired significant distinctiveness as a trademark. The court emphasized the extensive range of Amul products, which encompasses not only traditional dairy products but also extends to beverages like 'AMUL tru' drinks and various other beverages.

Title: KAIRA DISTRICT COOPERATIVE MILK PRODUCERS UNION LTD & ANR. v. D N BAHRI TRADING AS THE VELDON CHEMICAL AND FOOD PRODUCT & ANR.