The Petitioner, Crocs Inc., filed a rectification petition before the IP Division of the High Court of Delhi, to remove the trademark CROCKSCLUB from the Register of Trade Marks. The petition was allowed and the trademark CROCKSCLUB, bearing application no. 2178067 in class 25 was ordered for removal.
Crocs Inc. contended that its trademark “CROCS” was registered in India, bearing application no. 1401263 for class 25. Furthermore, it contended that it was running a successful business in India and had acquired goodwill and reputation since 2005. Crocs Inc. produced various invoices and articles related to its business as references. Additionally, it produced various evidence of its usage of the word “CROCS CLUB” in relation to its product, Crocs footwear.
Crocksclub did not appear in the proceedings. The pleadings made by Crocs Inc. remained unrebutted, including the issue of non-use of the trademark CROCKSCLUB.
The Court noted in its analysis that the mark CROCKSCLUB should not have been registered considering factors such as its similarity to Crocs Inc.’s trademark. It further stated that the usage of CROCKSCLUB mark gave rise to the likelihood of confusion, and the risk of association with Crocs Inc.’s goods.
The Court ordered the removal of trademark CROCKSCLUB from the Register of Trade Marks within 6 weeks of the order.
Citation: Crocs Inc Vs The Registrar of Trade Marks, New Delhi & Anr., High Court of Delhi, 08th April, 2024 [C.O. (COMM.IPD-TM) 779/2022 & I.A. 20390/2022]
Authored by Ms. Bhavishya Bheemineni, Renewal and Maintenance Team, BananaIP Counsels.
Reviewed and confirmed by Ms. Naika Salaria, Trademark Team, BananaIP Counsels.
Disclaimer
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