Kathmandu. Highlife has got the right to write Kurum Kurum brand on chiura.

The Department of Industry has decided that the rights of the Kurum Kurum brand belong to HighLife in the Highlife-Sixvilla trademark dispute.

The Department of Industry (DoI) has annulled the registration of Sixvilla Pvt Ltd in connection with the long-running trade mark dispute between Everest Food and Snacks Pvt Ltd and Sixvilla Pvt Ltd.

With the decision of the department, other producers will also not be able to write the word Kurum Kurum in the brand color and chiura products of Hilife. Even the beaten rice sent to the market has to be returned.

After studying the evidence, arguments and precedents of the Supreme Court, the department has said that the brand rights of Chiurama Kurum Kurum belong to Highlife.

The trademark “Highlife” used by Nepal Everest Food and Snacks Pvt. Ltd. and associated labels, design, colours and colours were copied and registered in its name by copying the look, structure and presentation of the same logo.

At a time when the “Highlife” brand has long been recognized and trusted by consumers, Sixvilla’s use of a similar structure creates confusion among consumers and has a direct impact on its business reputation.

The Department of Industry, after reviewing the claims of both sides, the documents submitted and the visual evidence, concluded that the trademark registered by Sixvilla is very similar to “Highlife”.

In particular, there is a striking similarity in the texture of the labels, the color combination, the style of the lettering, the presentation of the object and the overall appearance.

“The main feature of a trademark is that it has a distinct identity. If a mark fails to create a distinct identity in the market or resembles an already established mark, it cannot be considered valid. In this context, the registration of ‘Sixvilla’ does not appear to be original after ‘Hilife’ was already registered and used and proved to be established in the market,” the decision of the Department of Industry reads.

Based on various Supreme Court precedents, the Department of Industry has defined trademarks as industrial property. The precedent states that any entrepreneur has a monopoly on the symbol, design or identity created by him and it is the responsibility of the state to protect it.

The decision also states that using similar symbols with the intention of misleading or misleading consumers would be against business decorum and would lead to unhealthy competition in the market. The Department has decided to scrap the registration of the business mark of Sixvilla Pvt Ltd on the grounds that it was misleading to the consumers, lacked originality and had too much resemblance to the established identity of the complainant.

The judgment states that the registration of a trademark is not only the basis of the first application, but also the originality, distinct identity of the mark and the aspects that do not confuse the consumer.

This decision of the Department has sent a message to protect intellectual property, respect original creations and protection of consumer interests in Nepal.

The tendency to try to gain commercial advantage by imitating the established mark in the market has been discouraged. This is expected to encourage healthy competition.