Delhi HC restrains firm from using Swiss Military symbol in trademark case

The court also cited the Daboutt's division bench's judgment in Shree Nath vs Allied Blenders and Distillers Pvt. Ltd where the wonderment principle was elaborated

The Delhi High Court on Wednesday restrained a private entity from using “Swiss Military” as a trademark and the Swiss flag symbol (white cross on a red background) on its clothing, pointing out that false trade description could not be registered.

The court’s intellectual property division gave its judgment on a pair of appeals challenging the Registrar of Trademarks’ orders allowing registration of “Swiss Military” and the use of the Swiss insignia.

The appellant, Swiss government arm Armasuisse, had challenged the deputy registrar’s orders favouring a private company.

The court said that the inherent nature of a mark (in this