A Complete Analysis of KSRTC Trademark Conflict

The KSRTC Trademark Conflict has been going on for a long time. In 2014, Karnataka had protected the Trademark with the name “KSRTC” and a Gandaberunda icon. After 7 years of conflict with neighbouring state Karnataka, the KSRTC (Kerala State Road Transport Corporation) says its claim was approved & consented by the Controller General of Patents, Designs & Trademarks under the Ministry of Commerce & Industry. Scroll down to check more information regarding the KSRTC Trademark Conflict.

KSRTC Trademark Conflict – Background

The term KSRTC (Karnataka & Kerala State Road Transport Corporation) has been used by both states (Kerala & Karnataka) for their public transport services for many decades. However, Karnataka and Kerala SRTCs have been fighting over the custody of the acronym for the last 7 years. Numerous members are totally relying on public transportation systems for their daily travel in both states. So the people’s confusion is being stimulated as both states have the identical acronym for using the online transport methods. In the current day the world is being simplified by using internet applications. This acronym is making it more difficult for people.

In 2014, Karnataka sent a lawful notice to KSTRC (Kerala State Road Transport Corporation) forbidding the use of the term KSRTC by announcing that they had acquired the Trademark. By remembering this, the Managing Director and the Chairman of Kerala State Road Transport Corporation (KSRTC) applied for Trademark Registration with the Government (Central) for Kerala. However, it is said by the Registrar of Trademark that the acronym or term was already registered in the name of (KSRTC) or Karnataka State Road Transport Corporation.

The acronym registration as a Trademark is not restricted by the Trademark Act, 1999^[1], although the use of abbreviations, as in this instance, has acquired a secondary meaning that may be vital to the state in some manner, be it enormous reputation, good company value, or historical, then the possibilities of getting this Trademark registered to look very good. Though, registering such an acronym or term would raise legal issues if someone else used a similar acronym.

Who actually won the KSRTC Trademark Conflict between Karnataka and Kerala?

The term KSRTC or Kerala State Road Transport Corporation is a brand, and the nickname Aanavandi (elephant cart) belongs to Kerala today. The logo issued a regulation allowing the call KSRTC that is usually used for avenue vehicles. Transport Corporation of Karnataka and Kerala, which is now the easiest way to utilise in Kerala. KSRTC (Kerala State Road Transport Corporation) is one amongst the oldest managed public opportunity delivery offerings in India, assisted in 1938 and at one time referred to as the Travancore State Department of Transport; it was now no longer restructured till 1965 & feature grow to be cited to as State Road Transport Corporation (SRTC); established in 1948, the nation-State Road Transport Corporation, earlier referred to as the MGRTD (Mysore Government Road Transport Department), turned into renamed the Karnataka Transport Corporation in 1973.

In the end, Kerala, with the help of Registrars of Trademark 1^st user rule, acquired the Trademark of the acronym KSRTC. The 1^st user rule means the first one to register or use the Trademark. In this situation, Kerala was the 1^st one to use the acronym KSRTC by showing the proof by providing clear proof of old buses, bus garages, sheets from journals of previous Transport Ministers, and related details of their transport services. Moreover, it is vital to examine the meaning of the word secondary meaning because, while the acronym KSRTC is indistinguishable, it must be remembered that this acronym has acquired secondary meaning because over time within what was considering that the acronym or term KSRTC is likely to denote very complex things in terms of time & point, and in this instance, Kerala SRTC along with the nickname Anavandi took priority over Karnataka SRTC. As we can see in this case, it can be concluded that acronyms have some secondary meaning for a given state.

Conclusion

This KSRTC Trademark Conflict between the two states, i.e., Karnataka & Kerala, has arranged down several essential ideas to be considered upon by the legal fraternity. As this has not been resolved by a judicial establishment, this cannot be thought of as legal precedence; however, it certainly has highlighted some rules, practices & approaches to be followed in Trademark Cases. This KRSTC Trademark Conflict has in no method non-continuous the calm understanding between the two states and may even conjointly use the descriptor in an exceedingly disciplined manner.

Read our Article:Dilution Doctrine under Trademark Law: An Overview