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Synopsis

The Delhi High Court recently directed the Senior Examiner of Trademarks, Delhi to reconsider the registration of the mark ‘ENTREPRENEUR’ filed by the renowned magazine Entrepreneur and to take a decision afresh.

A bench of Justice Jyoti Singh directed reconsideration of the application seeking registration of the trademark ‘ENTREPRENEUR’ under the category 'in respect of various pre-recorded audio and audio-visual programs concerning strategies etc. for advertisement purposes'.

The order has been passed in a plea filed by Entrepreneur magazine seeking direction to quash the order passed by the Senior Examiner of Trademarks declining acceptance of the mark on the ground that the mark applied for is identical with/similar to earlier trademarks on record and on account of the similarity of marks and goods and services covered under the marks, the public may get confused.

It may be noted that the mark ‘ENTREPRENEUR’ is registered in Class 16 in India in respect of “paper goods and printed matter, namely, magazines, books and published reports pertaining to business opportunities” dating back to August 10, 2001.

Advocate Peeyoosh Kalra appearing for the magazine submitted that the Registrar of Trade Marks has completely erred in disallowing the mark ‘ENTREPRENEUR’ to proceed for advertisement in the Trademarks Journal. "The mark 'ENTREPRENEUR' is an English word that has been adopted by the appellant (Entrepreneur Magazine) to identify and demarcate its goods from others. The mark has been adopted from the name of the appellant’s company i.e. Entrepreneur Media, Inc. and the obvious association between the two lends greater exclusivity and distinctiveness to the mark in public perception", the counsel submitted. 

It was also submitted that the Registrar failed to appreciate that the mark stands registered in the name of the Appellant in several jurisdictions, world-over including Canada, Mexico, Singapore, USA, etc., with the earliest registrations dating back to June 23, 1983, in Canada. The mark has been used by the Appellant in India since 2009 and has acquired distinctiveness in the local trade circles, he apprised the court. 

The bench was also informed that Gaurav Marya, proprietor of Trademark ‘ENTREPRENEUR GROW YOUR BUSINESS INDIA’ one of the cited marks from the Examination Report due to which the objection had been raised and the request had been declined had given a consent letter in favour of the Entrepreneur magazine.

Given the above, the bench set aside the order declining acceptance of the mark ‘ENTREPRENEUR’ and directed the Senior Examiner of Trademarks, Delhi to reconsider the matter and take a decision afresh, in accordance with law.

Case Title: Entrepreneur Magazine Vs. THE SENIOR EXAMINER OF TRADE MARKS DELHI