Ranjan Narula Associates
                                         June, 2014

Trade Marks
MIND GYM not descriptive holds Delhi High Court
Mind Gym Ltd (MGL), a UK based company approached Delhi High Court to obtain restraint order against Mindgym Kids Library Pvt. Ltd (MKL) from using the mark MINDGYM which they alleged was similar to their marks MIND GYM and THE MIND GYM.

MGL contented that they have business and operations in more than 30 countries including India and head office in United Kingdom. They further asserted that the mark MIND GYM is a unique and coined term inherently distinctive and well known for referring the source of MGL products and services. Further the mark stands registered in several countries around the world including India. MGL alleged that adoption and use of mark MINDGYM by MKL as their domain name/web address www.mindgym.in was dishonest and tainted.

On the other hand the MKL alleged that the word MINDGYM means exercise of Mind and the same cannot be monopolized by the MGL as it is a highly descriptive mark for the services being rendered.

The Court ruled in favor of MGL on the basis of their prior use of the mark MIND GYM and their extensive promotion and advertisement worldwide. The court held that the MGL had obtained exclusive rights over the marks MIND GYM and THE MIND GYM. The Court further observed that MKL was not entitled to defend the claim by contending that the mark was descriptive as they themselves asserted that the mark MINDGYM is distinctive mark when applying for its registration.

Finally the Court opined that both marks and trade names are visually, phonetically and structurally deceptively similar and the MKL had infringed the MGLs trademark. The court did allow MKL to use the mark MINDGYMNASTICS as a trademark or trade name provided it was used as one word.

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