In a relief for Karnataka, Madras High Court has said that there is no legal prohibition to the use of 'KSRTC' by Karnataka State Road Transport Corporation.
The court has dismissed Kerala RTC's claim for the exclusive use of KSRTC. Both the state transport corporations have been using the acronym for decades now.
The Karnataka SRTC registered the acronym and its logo with the Controller General of Patents, Designs and Trademarks.
"KSRTC has applied for grant of Trade Mark Certificate for use of ‘KSRTC’ acronym. The corporation is granted Trade Mark Certificates by the Trade Mark Registry of Government of India in 2013 with user date from November 1, 1973. Copy right is also obtained from the Registrar of Copy Rights, Government of India for use of ‘KSRTC’ logo and ‘Gandabherunda art’", KSRTC said in a release.
However, Kerala State Road Transport Corporation has challenged the same before Intellectual Property Appellate Board in Chennai.
"KSRTC has contended that Kerala State Road Transport Corporation is aware of use of the mark by the Karnataka RTC since 42 years and hence they are not entitled to apply for a declaration that the registration of the later trade mark is invalid, since they have acquiesced the usage of mark by Karnataka RTC", it said.
"The Kerala RTC too has obtained registration of the marks in 2019 claiming prior use. The matters which were pending before the IPAB were transferred to the High Court of Madras at Chennai after abolition of IPAB by the Central government", it said.
"The matter was posted before the High Court of Madras on December 12, 2023 and the high court has dismissed the applications filed by Kerala RTC and the case is decided in favour of KSRTC. In view of the dismissal of the case filed by Kerala RTC, the Karnataka RTC has no legal hurdle to use the name 'KSRTC’ in future also", it said.
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