HC rules 'sugar-free' trademark out

In a judgement favouring Gujarat Co-operative Milk Marketing Federation Ltd (GCMMF), the Delhi High Court on Monday ruled out the use of descriptive words "sugar-free" as a trademark and its ownership by anyone.

A case had been filed with the Delhi HC against GCMMF, the marketeers of Amul by Ahmedabad-based M/s Cadila Healthcare Ltd over use of the words "sugar free".

The court ruled that M/s Cadila Healthcare cannot be allowed to use the expression since it was inherently descriptive in nature and has become a commonly used word in relation to food and beverages.

It also observed that "sugar free" was not a coined word or an unusual combination of words. Since it was a commonly used expression in written as well as spoken English, it could therefore not be monopolised for use by any trade.

M/s Cadila Healthcare had filed a case on trade mark violation against GCMMF for Amul's use of the words "sugar -free" for its ice-cream brand which the former alleged is its trade mark.