Can't have trademark over 'Chur Chur Naan', 'Amritsari Chur Chur Naan' as it is a generic term: Delhi HC

The court said the word 'Chur Chur' merely means "crushed" and 'Chur Chur Naan' means "crushed Naan" and nothing more, and it is incapable of acquiring trademark signification.

Published: 18th May 2019 10:56 AM  |   Last Updated: 18th May 2019 10:58 AM   |  A+A-

Amritsari Chur Chur Naan. (Youtube screengrab)

By PTI

NEW DELHI: There cannot be any monopoly over the terms 'Chur Chur Naan' and 'Amritsari Chur Chur Naan' as they are "completely generic", the Delhi High Court has held.

The court said the word 'Chur Chur' merely means "crushed" and 'Chur Chur Naan' means "crushed Naan" and nothing more, and it is incapable of acquiring trademark signification.

Justice Prathiba M Singh passed the order while hearing a plea filed by Praveen Kumar Jain, the owner of an outlet in Paharganj here that sells naan and other food items.

He had claimed exclusive rights on the expression 'Chur Chur Naan' as he had the registration for it.

Jain had filed the suit for alleged trademark infringement against another outlet which uses a similar expression. The court said if registrations are wrongly granted or applied for such generic expressions, it cannot ignore it.

It said these terms are used in normal conversational language and there cannot be any monopoly over such a generic expression. "The plaintiff has obtained registration of the marks 'Chur Chur Naan, Amritsari Chur Chur Naan', but the same would not in any manner prevent the bonafide description of the character of the naan which is crushed, that is, 'chur chur'," the court said.

The counsel for the defendants, against whom the suit was filed, contended that no monopoly can be granted to such generic expressions as there were a large number of outlets which use the name 'Chur Chur Naan' and they also submitted that the trademarks of Jain are liable to be rectified as they lack basic distinctiveness.

The court said the defendants have been able to show entries on various websites such as Zomato, Justdial and Eattreat where third parties are using 'Chur Chur Naan' and 'Amritsari Chur Chur Naan' with several prefixes and suffixes.

"The defendants have also shown on record that it is the common practice in the trade for food outlets to use names such as  Dilli Ke Mashoor, Delhi Walo Ki Mashoor etc. The same are very common to the trade and are used by a large number of parties as is evident from the entries from third party websites which are placed on record. Thus, there cannot be any monopoly over it," Justice Singh said.

The court, at the outset, observed in the order that delicacies sold on the streets of Delhi are legendary. The court permitted them 30 days time to change over to the new names. It then posted the matter for September 11 for further hearing.

Stay up to date on all the latest Delhi news with The New Indian Express App. Download now
(Get the news that matters from New Indian Express on WhatsApp. Click this link and hit 'Click to Subscribe'. Follow the instructions after that.)

Comments

Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the newindianexpress.com editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on newindianexpress.com are those of the comment writers alone. They do not represent the views or opinions of newindianexpress.com or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. newindianexpress.com reserves the right to take any or all comments down at any time.

flipboard facebook twitter whatsapp