The bench of Justice Sanjiv Khanna and MM Sndresh today affirmed the order of the Delhi High Court that the word "Vasundhara" is a popular mark and it can be used by anyone except for jewellery which trademark has been obtained by the petitioner.

While rejecting the arguments of Senior Advocate Akhil Sibbal, the Supreme Court stated that the petitioner should not have been advised to file an appeal against the order of the High court.

The bench also stated that in India the work "Vasundhara" is a popular word and it cannot be granted as Trademark to anyone and the use of this can also not be objected.

A Division Bench of Delhi high Court while dismissing an appeal of the petitioner had held that "In the facts of the present case, the learned Single Judge had found that the appellant held registration of the device marks/composite marks that contain the word ‘Vasundhra’ but it did not have any registration of the word mark ‘VASUNDHRA’. It is material to note that the appellant had applied for registration of the word mark but the same has not been granted to it as yet. The Court had, thus, found that the appellant did not have an exclusive right to use the word ‘Vasundhra’ except as part of its device trademarks."

Case details:-

Diary No. 1270-2023
VASUNDHRA JEWELLERS PVT. LTD ROHIT ANIL RATHI
Versus
KIRAT VINODBHAI JADVANI