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News article13 December 2023European Innovation Council and SMEs Executive Agency

Delhi High Court Declares 'Burger King' As A Well-Known Trademark


The Delhi High Court has accorded the designation of a 'well-known mark' to Burger King Company LLC (Burger King), emphasizing that their trademark has developed a 'secondary meaning in respect of burgers.' The petitioner had sought a declaration for their trademark 'Burger King' as a well-known mark under Section 2(1)(zg) of the Trade Marks Act, 1999 (referred to as 'TMA').

The Court observed a striking similarity between the logos of the involved parties and prohibited the defendants from using the petitioner's trademark. However, the use of 'Burger Emperor' was permitted.

Additionally, the Court dismissed the defendants' argument about the petitioner's mark being generic, especially in light of their own applications for the registration of the same.



Publication date
13 December 2023
European Innovation Council and SMEs Executive Agency