In Brief
Nandhini Deluxe, a restaurant chain using the mark 'NANDHINI' since 1989, sought to register its trademark. The dairy cooperative Karnataka Milk Producers Federation ('NANDINI', using milk/milk products since 1985) opposed registration, claiming the marks were deceptively similar. The IPAB and High Court favored the respondent, canceling the appellant's registration. The Supreme Court reversed both orders, holding that the marks—though phonetically similar—were visually and stylistically distinct, related to different goods (restaurants vs. dairy), and the appellant's concurrent use was honest and in good faith. Since the respondent had not established distinctiveness by 1989, the appellant's registration was allowed, subject to exclusion of milk and milk products."
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