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2023 July 2023 Legal

Trade mark dispute – Clearance of imported goods

July 18, 2023 legaldeli

Judgment dated 11.7.2023 of the High Court of Bombay

Trade mark dispute – Customs Clearance of imported goods

The predecessor in title of the petitioner no.2 had adopted “INGCO” trade mark in China.

On 19.12.2012, the trade mark of “INGCO” was registered in the name of the petitioner no.2 under the Trade Marks Act, 1999.

The petitioiner no.1 was appointed by the petitioner as its authorised importer and distribution of “INGCO” products in India.

The respondent no.6 Deputy Commissioner of Customs, Nhavasheva, however, suspended the clearance of consignment on the grounds that the goods are infringing the Intellectual Property Rights under Rule 7 of the IP Rights (Imported Goods) Enforcement Rules, 2007.

The petitioners filed the writ petition since no action was taken on the application dated 23.6.2023 made to the respondent no.2 Commissioner of Customs explaining the legal position.

HELD that in the absence of any order obtained by the respondent no.8 against the petitioners or rights crystalised in respect of the trade mark in question,it is not valid to hold customs clearance.

Rules of 2007 provide for a complete scheme on infringment of IP rights in respect of goods. It is only after registration of the notice by the Commissioner the import of infringing goods in India deemed to be prohibited within the meaning of Section 11 of the C.E. Act as ordained by Rule 6.

Writ Petition (L) No.18061 of 2023 – UPS Sales and another Vs. Union of India and others

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