Nandhini Deluxe v. Karnataka Co-operative Milk Producers Federation — Trademark Case Law
Citation & Court
M/s. Nandhini Deluxe v. M/s. Karnataka Co-operative Milk Producers Federation Ltd., AIR 2018 SC 3516, Civil Appeal Nos. 2937-2942/2018 with 2943-2944/2018, Supreme Court of India, decided 26 July 2018.
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The Dispute
The Karnataka Co-operative Milk Producers Federation, which sells milk and milk products under "NANDINI," opposed a restaurant chain's application to register "NANDHINI" for various foodstuffs served in its restaurants, arguing the marks were deceptively similar.
What the Court Held
The Supreme Court allowed registration, setting aside the orders of the IPAB and the High Court. It held that "Nandini/Nandhini" is a generic word — the name of both a Hindu goddess and a mythological cow — and not an invented or coined term belonging exclusively to the Federation. Combined with the fact that the appellant ran restaurants while the respondent produced packaged dairy goods (different trade channels and consumer context), the Court found no basis to refuse registration.
How to Use This in Your Reply
A strong citation for opposing an opposition that rests solely on phonetic similarity to a common, generic, or mythological name — especially where the goods or services genuinely operate in different trade channels. Pair it with evidence of how differently the two businesses actually reach their customers.
Key takeaway: A generic or mythological name carries a weaker exclusivity claim, and different trade channels can defeat similarity even where the words themselves are close.
Facing this exact situation in your own filing?
Send us your examination report, opposition notice, or hearing date — we'll tell you how this applies.