KATHMANDU, OCTOBER 12
The Department of Industry has cancelled the trademark registration of 'Perfect Center Fillz' chewing gum following a Supreme Court ruling that found the mark sufficiently similar to Italian confectionery company Perfetti Van Melle S.p.A.'s established 'Center Fruit' trademark.
The Supreme Court, in case no. 077-CI-0301, concluded that the two marks could create confusion among ordinary consumers.
Following the ruling, the Department of Industry cancelled the trademark registered in the name of Perfect Foods Pvt. Ltd., based in Duhabi, Sunsari.
Perfect Foods had pursued registration of the mark under Class 30 for chewing gum through application number 061822.
The Supreme Court's analysis emphasized that trademark similarity should not be assessed solely by comparing individual words.
It said pronunciation, visual appearance, the nature of products, places of sale, consumer attention during purchase and the overall market impression should also be considered.
Nepal's Patent, Design and Trademark Act, 2022 allows the Department of Industry to cancel registered trademarks under certain circumstances. The law also provides for penalties and seizure of goods if cancelled trademarks continue to be used in commercial transactions.
The ruling is being viewed as significant for strengthening protection of established trademarks and intellectual property rights in Nepal.