chapter  15
11 Pages

Right of a trader in India to use another trader’s mark by way that is reasonably necessary

WithRaman Mittal

The decision is important as it interprets the provisions of Trade Marks Act, 1999 as to the right of a trader to use another trader’s mark to sell his own goods. A gasket of a particular size would fit the lid of all pressure cookers manufactured by different manufacturers of the same relatable size, would mean that it is not reasonably necessary to indicate, for the benefit of the consumer, that the adaptable goods relate to only one particular brand of pressure cookers. The plaintiff is the registered proprietor of the trademark “Hawkins” in respect of pressure cookers and parts thereof, including gaskets. The present decision of Hawkins Cookers Ltd. v. Murugan Enterprises is indeed important as it has a bearing on the right of a trader to use another trader’s trademark which is an extremely significant area of trademark law.