Gujarat PSU wins trademark rights for the word ‘Sardar’

PTI, Nov 3, 2021, 7:54 PM IST

Representative Image

Ahmedabad: A public sector unit in Gujarat has won trademark rights for the word ”Sardar”, used for the iron man of India Sardar Vallabhbhai Patel, against a private company that has agreed not to use it or any other deceptively similar label for its products.

The Gujarat State Fertilisers and Chemicals Limited (GSFC) had filed a trademark suit against Indian Agro Chemicals, seeking to restrain the Ahmedabad-based company from infringing upon its trademark by using the label ”Sardar Seven Star” on one of its products.

The special judge of a commercial court in Ahmedabad recently disposed of the petition, after accepting the undertaking by the private company that it had replaced the word ”Sardar” with ”Sarkar,” and ”Seven Star” with ”7 Stars”. The company had further stated it had even stopped using the word ”Sarkar”, to avoid further dispute.

”The defendant shall not adopt or use the word ‘Sarkar’ and/or any mark or name which may be identical with or deceptively similar to the plaintiff’s trademark ‘Sardar’ in respect of Hi-Zinc Mix Micronutrient Fertiliser or any other type of fertilizer or for any goods for which the plaintiff’s trademark ‘Sardar’ is used or registered as a label or word,” the court said.

As per the court’s order, the GSFC claimed to be the registered proprietor of the well-known trademark ”Sardar”, and it is entitled to be the sole and lawful user of the same in fertilizers and chemical products used in industry, science, agriculture, horticulture, forestry, manures, etc.

The court directed to draw consent decree as per the undertaking given by the defendant and compromise arrived at between the parties and disposed of the plea.