In a recent order by Hon’ble Registry, M/s Pizza Den has secured a decisive victory in an opposition proceeding that spanned over a decade. The Trademark Registry ruled in favor of Pizza Den, affirming their right to register the mark under Class 30 for products like pizzas, snacks, bakery items, and confectionery.
What proved crucial in this case was the compelling evidence that Pizza Den had been in the market since 2001. Through a comprehensive set of documents, the applicant successfully established prior and continuous use of the mark “PIZZA DEN.” This long-standing usage created a strong association in the minds of consumers and distinguished the brand from others in the market.
The opposition, filed by Dan Hotels Corporation Ltd. and Dan Hospitality India Pvt. Ltd., was dismissed after the Registry found no likelihood of confusion or deceptive similarity. The evidence clearly indicated that the adoption of the mark was honest, independent, and well before any competing claims.
Citing key legal precedents and supported by detailed documentation, the applicant demonstrated that prior use remains a powerful defense in trademark law.
The submissions were effectively and persuasively presented by Advocate Sai Deepika before the Trademark Registry.
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By Ananthakesavan V