DIAGEO SCOTLAND LIMITED Vs. PRACHI VERMA

JUDGEMENT

(1.) The appellant, has preferred the present appeal under Sec. 91 of the Trade Marks Act, 1999 hereinafter referred to as "the Act" assailing the order dtd. 1/10/2024 hereinafter referred to as "impugned order" passed by the learned Assistant Registrar of Trade Marks hereinafter referred to as "Respondent No.2", whereby its Opposition against the registration of the impugned mark "CAPTAIN BLUE" under application no.4398295 in Class 33 has been dismissed.

(2.) The appellant, Diageo Scotland Limited, is a wholly owned subsidiary of Diageo PLC and forms part of the globally renowned Diageo Group, which holds a vast and diverse portfolio of spirit brands. Among Brief Conspectus: its flagship brands is "CAPTAIN MORGAN", a rum brand first launched in 1982 and acquired by Diageo in 2001. Since then, the "CAPTAIN" formative has become the nucleus of an extensive branding architecture, including sub-brands such as "CAPTAIN MORGAN GOLD", "CAPTAIN MORGAN WHITE RUM", "CAPTAIN MORGAN DARK RUM" and others.

(3.) As per appellant, the "CAPTAIN" brand has been continuously and extensively used in India since 2006 and has obtained registration no.1485228 for the trademark "CAPTAIN" and no.708544 for the trademark "CAPTAIN MORGAN", both in Class 33. Over the years, the brand has garnered formidable consumer recognition and loyalty, generating substantial revenues. For the year 2023 alone, the "CAPTAIN MORGAN" brand reported sales to the tune of approximately USD 6.48 million in India.