Hindustan Unilever (HUL) and Gilette Co. penned the terms of settlement in a prolonged trademark battle arising in relation to the 7’O Clock label, with or without the device of Sun. Consequent to the substantial delay of 6 years, the parties managed to resolve the dispute without any judicial intervention.
The Deputy Registrar of Trademarks, Mumbai passed an order, granting a trademark to the Gilette brand, 7’O Clock in Class 3, which comprises of perfumery, essential oils, cosmetics, hair lotions anddentifrices, among others.
HUL had filed an appeal before the Intellectual Property Appellate Board (IPAB), challenging the said order in 2009. HUL contended that its Sun or Sunlight mark series will be largely affected by latter’s 7’O Clock label with Sundevice.
After reaching an amicable settlement, the parties apprised the IPAB about their settlement. In recording the statement of HUL counsel MS Bharath, the IPAB bench (comprising of Justice KN Basha, Chairman, and Sanjeev Kumar Chaswal, Technical MemberTrademark) disposed of the appeal.
“We are of the view that it is suffice for us to record the terms of settlement dated May 22, 2015, and dispose of the appeal,” the IPAB bench ruled.
As per the settlement agreement,
“Gillette, the registered owner of the trademark, will amend the specifications of goods falling under 7’O Clock label to perfumes, cosmetic products related to shaving, nonmedicated toilet preparation for use before, during and after shaving, dentifrices, deodorants for personal use, antiperspirants and depilatory preparations and materials.”