Chivas, United Spirits get time to settle dispute over a trade mark

Chivas Holding has approached the IPAB to rectify the trade mark Tribute, owned by United Spirits

Chivas Holdings, which owns premium liquor brands such as Royal Salute, is locked in a dispute with United Spirits over the latter’s trademark ‘Tribute’. When both the companies appeared in the Intellectual Property Appellate Board (IPAB), the board allowed time for both the parties to explore the possibility of a settlement.

According to information available, United Spirits has registered the mark ‘Tribute’ under Class 33 of the TradeMark Classes, meant for alcoholic beverages except beer, to be used for a whisky product.  Chivas Holdings has been using the word ‘tribute’ in its premium scotch whisky brand (‘Royal Salute — A Tribute to Honour’ and ‘Royal Salute — The Diamond Tribute’).

When the matter came for hearing in the IPAB, the counsel appearing for Chivas argued that while the trademark has been registered for several years now, it has not been used. Hence, it has to be removed from the registry.  United Spirits’ counsel argued the company has registered the trademark to use it in its whisky product and has recently renewed the same in order to use it in the near future. According to the TradeMarks Registry, the company has renewed the trademark up to September 16, 2024.  Chivas’ counsel clarified the company’s apprehension that United Spirits might move against its brand carrying the word ‘tribute’ in any part of its brand name, in future, though it is prefixed or suffixed by another word.

Hearing the arguments, IPAB Chairman K N Basha asked both counsels to try for an amicable settlement. The counsels agreed to the suggestion. Following this, Basha and technical member (trademarks) Sanjeev Kumar Chaswal posted the hearing to March 2015.  

Notably, Chivas Holdings has been fighting legal battles with various liquor manufacturers including Khoday Breweries and Shiva Distilleries on trademark-related issues.

Bengaluru-based United Spirits, in which British Diageo liquor giant holds a majority stake, is reportedly working on a brand strategy to leverage the potential of various brands under both the companies.