Use Of Identical Mark By Subsequent Registered Proprietor Is Passing-Off

Recently, the Delhi High Court disposed of two civil suits, one rectification petition and 10 writ petitions against the trademark registrations filed by PM Diesels for registering the mark FIELDMARSHAL in 10 Indian languages. In a dispute that had been simmering for the past 40 years, the earliest suit filed with respect to the disputed trademark "FIELDMARSHAL" was instituted vide suit no. 2408/1985 titled M/s P M Diesels Pvt Ltd vs M/s Thukral Mechanical Works. Thereafter, cross-suits were filed, and multiple proceedings were initiated over the years to claim ownership of the trademark FIELDMARSHAL.

Background

The earliest registration of the word mark FIELDMARSHAL in favour of the plaintiff is vide Registration no. 224879 dated 16^th October 1964. P M Diesels claims continuous use since May 1963. In 1982, the Plaintiff company M/s P M Diesels Pvt Ltd had filed for registration of the trademark FIELDMARSHAL as a word mark, a logo containing the alphabets FM and