"Two Brands, One Name: Madras HC Resolves HERITAGE Trademark Clash"

In a recent judgment, the Madras High Court dealt with a rectification petition filed by Heritage Foods (India) Limited (HFL), seeking cancellation of a trademark registered in Class 29 by Good Health Agrotech Pvt. Ltd. (Good Health). The dispute revolved around the use of the mark "HERITAGE" by both parties in the food industry.

Background

Heritage Foods, the petitioner, is a listed company engaged in the manufacture and sale of dairy and food products. HFL has been using the trademark "HERITAGE" since 1993 as part of its corporate identity and holds multiple trademark registrations in Class 29. To substantiate its claim of prior and continuous use, the petitioner submitted purchase orders, invoices, and advertising material, including documents dating back to 1992.