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.