Delhi High Court Cancels 'LNK' Trademark Over Similarity With Basant Lal's 'L&K' Sanitary Products Mark

The Delhi High Court on 3 September cancelled the trademark “LNK”, registered by Shakti Hydraulic Engineers for sanitary products, after finding it deceptively similar to “L&K”, an older registered mark belonging to Basant Lal.

Justice Jyoti Singh allowed Lal's petition and directed the Registrar of Trademarks to remove Shakti Hydraulic Engineers' “LNK” registration from the register and rectify it within eight weeks. The Bench observed:

“LNK is deceptively similar, visually and phonetically, to the dominant part of Petitioner's registered device mark and the rival goods are identical.”

Basant Lal, proprietor of the sanitary products brand “L&K Waterman Since 1948”, submitted that his company manufactures sanitary materials, metal taps, cocks and allied products under the mark. He stated that his father created the mark in 1948 and that it had been used continuously since then. Basant Lal has held registration for the mark since 2005.

Shakti Hydraulic Engineers, a separate company, obtained registration for the word mark “LNK” in Class 11 in 2016 for sanitary products.

Lal challenged the registration, arguing that “LNK” was visually and phonetically almost identical to “L&K”, the dominant and recognisable part of his registered mark. He further submitted that use of the rival mark for identical goods was likely to confuse consumers.

The Court found that “LNK” was deceptively similar to the dominant part of Basant Lal's registered mark and that the rival goods were identical. The Bench held that the registration therefore attracted Section 11(1)(b) of the Trade Marks Act, which bars registration of marks likely to cause confusion or association with an earlier similar mark.

Accordingly, the High Court cancelled Shakti Hydraulic Engineers' “LNK” registration and directed the Registrar of Trademarks to remove the entry from the register and rectify it within eight weeks.