Recently, Patanjali Ayurveda Limited was faced with allegations of infringing Charak Pharma Pvt. Ltd.’s trademark “Ojus” by using a deceptively similar trade mark “Ojas” for its soap brand.
Brief Description of the Parties
Charak Pharma Pvt. Ltd. is an Indian company founded in 1947 by the brother duo, Shri D.N. Shroff and Dr. S.N. Shroff, which manufactures and sells ayurvedic and herbal medicines in India and also exports to 35 other countries abroad. Patanjali Ayurveda Limited is an Indian fast-moving consumer goods (FMCG) company, which was founded by renowned yoga guru, Baba Ramdev and his close aide, Āchārya Balkrishna, and is known to have achieved a tremendous presence around the globe and throughout India in a very small time since its inception in 2006.
Litigation Proceedings in the Bombay High Court
Charak Pharma Pvt. Ltd. had filed a case being Suit (L) No. 216 of 2017 with Notice of Motion (L) No. 724 of 2017 in the Bombay High Court on March 27, 2017, against Patanjali Ayurveda Limited for allegedly using the mark “Ojas” which is deceptively similar to its registered trade mark
Pursuant thereto, Patanjali Ayurved Limited appeared before Hon’ble Mr. Justice G.S. Patel of the Bombay High Court through their counsels and undertook to withdraw their applications for registration of the impugned mark “Ojas”. The said undertaking was accepted and recorded by the Court vide its order dated April 11, 2017. In view of the said undertaking, the Plaintiff, i.e., Charak Pharma Pvt. Ltd., did not press for their prayers for damages and costs against Patanjali Ayurved Ltd.
Status of Trade Marks of the Parties
Our research team has put together a list of the trade mark applications/registrations of both Charak Pharma and Patanjali for their marks
“Ojus” and “Ojas” in India:-