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News article19 April 2023European Innovation Council and SMEs Executive Agency

Trademark Infringement case in India: Burger King

The Delhi High Court has ruled in favor of Burger King Corporation, a multinational fast-food chain, in a trade mark dispute with a local Indian company named R.K. Overseas. R.K. Overseas had challenged the validity of Burger King's trade mark registration in India on the grounds that the mark was similar to its own registered trade mark, "Burger Singh."

The court found that Burger King's trade mark had acquired distinctiveness through extensive use and promotion in India, and that there was no likelihood of confusion between the two marks. The court further noted that Burger King had a prior worldwide reputation and that its trademark had been registered in India in good faith.

This ruling reinforces the importance of protecting trade marks and the rights of multinational companies operating in India. It also demonstrates that a strong reputation and extensive use of a trademark can provide legal protection against challenges by competitors.

The full decision can be accessed following this link.


Publication date
19 April 2023
European Innovation Council and SMEs Executive Agency