"Pepsi" for Hosiery and Readymade Garments Not Permitted

‘PEPSI’ owned and registered by Pepsico Inc. is a name synonymous with soft drinks, beverages, concentrates, syrups and food products enjoying international reputation and goodwill. Pepsico Inc has its mark registered under class 32, and various applications under various classes remain pending.

Om Textile Factory, engaged in the manufacture of hosiery and ready-made garments filed an application for registration of the Mark "Pepsi". In response to this, Pepsico raised an objection against the registration of the impugned mark.

Pepsico stated that the very adoption of the impugned mark under these circumstances by Om Textiles was a dishonest attempt to trade and benefit from the goodwill and reputation as enjoyed by them. Section 9, 11 and 18 of the Act were taken into consideration while raising objections to the use of the mark. Pepsico Inc also submitted that the trademark PEPSI was a world famous brand and that the intention of Om Textile Factory to use the same, lay in