Tussle between Bisleri and Mount Everest over ‘Himalayan’ intensifies

[Metropolitanjury]

The tussle between Bisleri and Mount Everest, a Tata Group firm, over the use of the brand ‘Himalayan’ has intensified. Bisleri International has moved a rectification application in the Intellectual Property Appellate Board (IPAB) in Chennai, seeking to cancel Mount Everest’s mineral water trademark Himalayan. Bisleri is relying on the Geographical Indications Act, which prohibits any private party from registering a geographical name as a trademark.

Bisleri has included the Registrar of Trademark as one of the respondents, along with Dadi Balsara. Mr Balsara had sold his stake in Mount Everest to the Tatas, but still retains the brand rights. According to Bisleri sources, the registrar should not have allowed the registration of the name Himalayan without the disclaimer that it will give no right to the exclusive use of the brand.

Rectification is a correction of a trademark in case of errors or omissions. The application has been moved on the premise that Himalayan is a descriptive word, which claims to indicate the source, quality and properties of the water. The Geographical Indications Act provides for the protection of geographical indications in relation to goods.

In June, Mount Everest had filed an injunction against Bisleri in the Delhi High Court to prevent Bisleri from using the word ‘Himalaya’ as a trademark. Mount Everest claims ‘Himalayan’ is its registered trademark and nobody should be allowed to use the words ‘Himalayan’, ‘Himalayas’ and ‘Himalaya’. While Bisleri has stopped using the domain NO PAGE FOUND, it has said that it will continue marketing bottles that say “from the Himalayas”.

“By filing a case against us, Mount Everest has jeopardised the trademark Himalayan. We would not have gone in for the rectification if Mount Everest had not filed a case against us for using the expression “from the Himalayas” when in fact it is from the Himalayas. We do not need Himalayan as a trademark because our own Bisleri is a better known trademark. The management of Mount Everest is resorting to legal measures to hide their failure in promoting their own brand,” said Bisleri chairman Ramesh Chauhan. A Mount Everest spokesperson declined comment stating the matter as sub-judice.

There are four trademark registrations made by Mount Everest/Dadi Balsara—No. 630647, 630661B, 1078116 and 1078117. In response to one of Everest’s applications, the Registrar of Trademark has insisted to put a disclaimer that “registration of this trademark shall give no right to the exclusive use of ‘Device of word Himalaya Springs and Device’ as has been in the case that of Kingfisher Himalaya Natural Water”.

A little known entity had registered the word Himalaya back in 1947 under Class 32 (beverages) for a syrup while some of the well-known mineral water have lately started using the word ‘Himalaya’. The Tata firm has recently relaunched the Himalayan brand and is betting on the growth from the regular and mineral-water business, including functional and enhanced water.

Mt Everest Mineral Water was incorporated in 1991 with its plant at Dhaula Kuan in Sirmour District of HP. The Company was promoted by Dadi Balsara, an NRI from Singapore. The Tata Group, through Tata Tea, had acquired 31.73% in the company, partly by purchase of shares from investors who had bought the shares from Dr Balsara in 2001, and the balance through a preferential allotment. Bisleri has a manufacturing facility for 6-lakh bottles a day (can be expanded to 24 lakh) for natural mineral water plant in Uttaranchal and are built around natural springs.

By Ms.Bobby Aanand, Metropolitan Jury.