Delhi High Court Orders Removal Of 'Accko' Trademark, Finds It Deceptively Similar to 'ACKO' Brand

The Delhi High Court on 10 February, directed the Registrar of Trade Marks to remove the trademark registration for 'ACCKO' observing that the mark is deceptively similar to the well-known 'ACKO' brand.

Justice Jyoti Singh allowed the rectification petition filed by Acko Technology and Services Pvt. Ltd. under Sections 47 and 57 of the Trade Marks Act, 1999. The Court remarked:

“Similarity in the rival marks leaves little doubt that the intention of Respondent No. 1 was dishonest and the impugned mark was adopted in bad faith to encash on the goodwill of the trademark of the Petitioner.”

The dispute centered on the respondent Chandra Mohan Mishra's application for the registration of the mark 'ACCKO' for “mobile and accessories,” in late 2017 on a proposed-to-be-used basis.

Acko, incorporated in 2016, informed the Court that it had established itself as a leading digital insurance provider in India. Since its inception, the company secured numerous registrations for the mark 'ACKO' and its formative variations, with usage dating back to September 2016.

Acko also argued that the Mishra's mark was a slavish imitation designed to ride on its established reputation and provided evidence of non-use, asserting that the respondent had not utilized the mark for a continuous period of over five years since its registration.

The Court found that 'ACCKO' was visually, phonetically, and deceptively similar to 'ACKO', noting that the mere addition of the letter 'C' was insufficient to create any meaningful distinction. It observed an overlap in the fields of activity, as Acko has a significant presence in the technology sector, including mobile applications and appliance protection services.

The Court stated that an average consumer with imperfect recollection would likely be confused into believing the respondent's products were associated with Acko. It further characterised Mishra's adoption of the mark as a “textbook case of bad faith,” concluding that the intention was to encash on Acko's goodwill. It noted:

“Removal of the impugned mark from the Register of Trade Marks is also essential to maintain the purity of the Register.”.

Accordingly, the Court ordered the cancellation of the 'ACCKO' registration and directed the Registrar to rectify the Register within two months.