RIL in trademark tussle over 'Reliance'

AHMEDABAD: A Surat-based bag maker is fighting a trademark battle with Reliance Industries Ltd insisting that he be allowed to retain the brand name "Reliance" being used for his products since 1982.
The matter is now in Gujarat High Court and a hearing is slated for next week. Legal circles say, a decision will be crucial for RIL as it deals with its brand name Reliance.

Luggage and school bags manufacturer Asim Plast applied for trademark registration in 2000. The Controller General of Patents, Designs and Trademarks accepted Asim Plast’s application that said "Reliance" was in use since 1995. As per the procedure, the application was then published in Trademark Journal in 2003.
RIL took note of the published application and opposed the move before Registrar of Trademark saying it rightfully owned "Reliance".

The case took another turn when Asim Plast sought make change of date in its application claiming the trademark was in use since 1982 and that a clerical error put the year as 1995.
RIL said the claim was an after-thought, but the assistant registrar of trademark ruled in favour of Asim Plast allowing the Surat company to go ahead with "Reliance".

The textiles to energy conglomerate challenged the ruling at Intellectual Property Appellante Board (IPAB). In 2007, the IPAB set aside registrar’s order saying Asim Plast made the changes with malafide intentions. It also said trademark registrar cannot peruse evidence, implying it should restrict itself to either accepting or rejecting the application.

Asim Plast defended the changes saying "Reliance" was originally being used by Amar Traders owned by Haji Fakhruddin Husseinbhai Pahadwala between 1982 and 1999 and Asim Plast was formed by Pahadwala’s eldest son Mannan among others. Hence, the claim that the trademark was in use even before 1995.

Lawyers Pranit Nanavati and PP Banaji, representing RIL and Asim Plast respectively declined comment saying the matter was subjudice. An email sent to the companies remained unanswered.

Asim Plast has now approached the Gujarat High Court seeking review of the IPAB decision.
Says Samrat Mehta, solicitor & IP lawyer from Mehta Legal: "The IPAB judgment may put the trademark registrar in dilemma over evidence verification. The judgement raises a question: Should the registrar verify ownership of trademark by looking at the evidence, or should he just accept or reject an application without investigating the issue?"