Confectionery outlet Theos recently was directed to circumscribe its services for goods with the THEOS mark to the Delhi-NCR region
A trademark dispute with Theobroma before the Delhi High Court culminated in the decision.
The Court also held that Theobroma shall be free to continue to expand its outlets across the country.
As the parties had mutually agreed to settle, Justice Prathiba M Singh ordered,
"Theobroma is free to expand its outlets under the mark/name ‘THEOBROMA’ across the country. However, Theos shall be restrained to the Delhi-NCR region, insofar as its goods and services provided under the mark/name ‘THEOS’/‘THEO’S’ is concerned."
"Theos shall be free to register its own mark ‘THEOS’/‘THEO’S’ as a word mark or in any logo form thereof, and use the same only in respect of goods and services offered in the Delhi-NCR region," the Court recorded.
It further directed that Theos shall not make any online sales outside the Delhi-NCR region under the said mark or name. In this regard the Court stated,
"If it (Theo's) intends to extend its commercial activities outside the Delhi-NCR region, either in physical or in online mode, the same shall be done under a mark/name which is neither identical nor deceptively similar to ‘THEOBROMA’."
However, the Court also stated that Theos was free to use a prefix or a suffix along with the its mark or name for expansion, so long as the totality of the mark/name used for such expansion was not identically or deceptively similar and does not create confusion with Theobroma.
Further, the Court said that Theobroma shall continue to retain all its trademark registrations for ‘THEOBROMA’ and its registered variants and derivatives, including ‘THEOS’ and ‘THEO’. Theobroma shall be entitled to protect and take all enforcement-related steps and opposition-related actions to safeguard its rights in these names and marks.