AUM Registration Upheld to be Valid

Dispute was over a registered trademark "AUM" in respect of jewellery items for which Goldgem Overseas sued Flawless Diamonds claiming infringement and passing off, came before the Bombay High Court in Goldgem Overseas vs. Flawless Diamonds 2009 (39) PTC 420 (Bom.). Flawless Diamonds had been in the said business for 17 years. Goldgem Overseas though relatively new, had applied for registration of their trademark in May 2000 and obtained the same in 2003. A meeting of the two parties had taken place in April 2006, the particulars and agenda of which seemed to be unclear. But soon after, in June 2006, Flawless Diamonds applied for registration of their trademark and commenced its use in the same year. According to the Annual report of the company, they had never used the mark prior to that.