KSRTC trademark row: Madras HC rules in favour of Karnataka over Kerala
This brings to an end the long legal tussle for intellectual property rights between the transport corporations of the two neighbouring states
In a legal victory for Karnataka, the Madras High Court on Tuesday (December 12) ruled that there was no legal prohibition for the Karnataka State Road Transport Corporation to use the abbreviation KSRTC, and that Kerala State Road Transport Corporation could not claim exclusive use of it.
This brings to an end the long legal tussle for intellectual property rights between the transport corporations of the two neighbouring states.
Kerala and Karnataka have used the abbreviation KSRTC for their state road transport corporations for several decades. Karnataka SRTC registered its abbreviation and logo with the Controller General of Patents, Designs and Trademarks in 2013. However, Kerala SRTC contested the use of the abbreviation by Karnataka SRTC.
After the court ruling, the Karnataka SRTC put out a press release on Friday (December 15).
“KSRTC has applied for grant of Trade Mark Certificate for use of ‘KSRTC’ acronym. The Corporation is granted Trade Mark Certificates by the Trade Mark Registry of Govt. of India in 2013 with user date from 1.11.1973. Copy right is also obtained from the Registrar of Copy Rights, Govt. of India for use of ‘KSRTC’ logo and ‘Gandabherunda art’.”
“Thereafter, Kerala State Road Transport Corporation has challenged the same before Intellectual Property Appellate Board at Chennai. KSRTC has contended that Kerala State Road Transport Corporation is aware of use of the mark by the Karnataka RTC for 42 years and hence they are not entitled to apply for a declaration that the registration of the later trade mark is invalid, since they have acquiesced the usage of mark by Karnataka RTC,” continued the press release.
“The Kerala RTC too has obtained registration of the marks in 2019 claiming prior use. The matters which were pending before the IPAB were transferred to the High Court of Madras at Chennai after abolition of IPAB by the Central Government.
The matter was posted before the High Court of Madras on 12.12.2023 and the High Court has dismissed the applications filed by Kerala RTC and the case is decided in favour of KSRTC. In view of the dismissal of the case filed by Kerala RTC, the Karnataka RTC has no legal hurdle to use the name ‘KSRTC’ in future also,” concluded the release.