Karnakata can use ‘KSRTC’ acronym: Madras High court

The Kerala RTC too has obtained registration of the marks in 2019 claiming prior use.
Image for representational purpose. (Photo | EPS)
Image for representational purpose. (Photo | EPS)
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BENGALURU: In a major victory for the Karnakata State Road Transport Corporation, the Madras High Court has permitted the bus corporation to use the acronym ‘KSRTC’. Kerala State Road Transport Corporation had challenged the usage of ‘KSRTC’ before the Intellectual Property Appellate Board (IPAB) in Chennai. 

The matters which were pending before the IPAB were transferred to the Madras HC at Chennai, which dismissed the applications filed by Kerala RTC and ruled in favour of Karnataka RTC to use the acronym ‘KSRTC’ on Dec 12.

Karnataka RTC had applied for Trade Mark Certificate for use of ‘KSRTC’ acronym. The corporation was granted Trade Mark Certificates by the Trade Mark Registry of the Government of India in 2013 with user date from 1.11.1973. Copy right is also obtained from the Registrar of Copy Rights, Government of India for use of ‘KSRTC’ logo and ‘Gandabherunda art’, said a press release from Karnataka RTC.

Kerala State Road Transport Corporation challenged the same before IPAB at Chennai and KSRTC contended that Kerala State Road Transport Corporation had been aware of the use of the mark by the Karnataka RTC for 42 years and hence they are not entitled to apply for a declaration that the registration of the trade mark is invalid since they have acquiesced the usage of mark by Karnataka RTC, the release added.

The Kerala RTC too has obtained registration of the marks in 2019 claiming prior use. The matter was posted before the Madras HC on Dec 12 and the Court dismissed the applications filed by Kerala RTC. Karnataka has no legal hurdle to use the name “KSRTC’’.

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