Delhi High Court Orders Removal of 'Be The Beer' Trademark After The Beer Café plea

Delhi High Court Orders Removal of 'Be The Beer' Trademark After The Beer Café plea

BTB Marketing claimed to be the proprietor of the mark since 2010

The Delhi High Court has ordered the removal of the ‘Be The Beer’ mark from the Register of Trade Marks in a plea filed by food and beverage cafés chain The Beer Cafe.

The bench of Justice Anish Dayal held, “The impugned mark of respondent No.1 be removed from the register. The website of the Registrar of Trade Marks should be updated accordingly. The same may be done within four weeks.”

The court passed the order in a plea moved by BTB Marketing Pvt Ltd, owner of The Beer Cafe chain.

The plea filed in October 2017 sought rectification of the ‘Be The Beer’ trademark registered in favor of an individual Deepshikha Singh.

Claiming to be the registered proprietor of The Beer Cafe mark since 2010, BTB Marketing alleged that the ‘Be The Beer’ mark was a pictorial representation of its mark being used for Singh's cafe.

It submitted that since BTB Marketing was operating in the same industry of food and beverages and running cafes, prefixing the word 'BE' caused deceptive similarity with its registered mark.

Thus, the bench stated, “Considering that there is no response from respondent No.1, the averments of petitioner, would stand admitted, aside from the facts of prior registration, user and deceptive similarity.”