Delhi High Court orders removal of mark ‘BE THE BEER’ from the register in a plea by ‘The Beer Café’

Delhi High Court: The present petition was filed for rectification of respondents’ trade mark ‘Be the Beer’ registered on 5-10-2017 with effect from 23-3-2017 in Class 43. Anish Dayal, J., allowed the petition and ordered that the impugned mark ‘BE THE BEER’ of Respondent 1 should be removed from the register within a period of four weeks.

Petitioner claimed to be the registered proprietor of the device and the word mark ‘THE BEER CAFÉ’/ and in Class 43, with effect from 26-8-2010 and 20-6-2016, respectively. Petitioner claimed to be engaged in the business of running a chain of food and beverage cafés under the brand name and style of ‘THE BEER CAFÉ’ having outlets spread pan-India. Counsel for petitioner submitted that they operated more than 120 outlets all over India and the said venture was founded in 2012 and post the registration of the trade marks, petitioner had been using the said marks continuously and extensively across the country.

Comparison of petitioner’s and respondents’ mark

Petitioner was aggrieved by respondents’ usage of the mark ‘BE THE BEER’ and thus sought rectification respect of respondents impugned mark ‘BE THE BEER’. Petitioner submitted that respondents were operating in the same industry of food and beverages and running cafes, and simply prefixing the word ‘BE’ was obviously causing deceptive similarity with their registered mark having a prior user. Besides a cease and desist, a notice dated 2-4-2018 was sent to respondent which was replied to by communication dated 16-4-2018.

The Court opined that since no one had appeared on behalf of Respondent 1 before this Court and there was no response from Respondent 1, petitioner’s averments would stand admitted.

The Court allowed the petition and ordered that the impugned mark ‘BE THE BEER’ of Respondent 1 should be removed from the register within a period of four weeks.

[BTB Marketing (P) Ltd. v. Deepshikha Singh, C.O. (COMM.IPD-TM) 380 of 2021, Order dated 12-3-2024]

Advocates who appeared in this case :

For the Petitioner: Rishi Kapoor, Devoleena Datta, Advocates