In response to The Beer Cafe’s plea, the Delhi High Court has directed the removal of the ‘Be The Beer’ mark from the Register of Trade Marks.
The Court noted the lack of response from the respondent and admitted the petitioner’s averments, including prior registration, user, and deceptive similarity. Justice Anish Dayal allowed the petition, ordering the removal of the impugned mark and directing the Registrar of Trade Marks to update the website accordingly within four weeks.
The plea, brought by BTB Marketing Private Limited, owner of The Beer Cafe chain, sought rectification of the ‘Be The Beer’ trademark registered in favor of Deepshikha Singh. BTB Marketing argued deceptive similarity due to its prior use in the food and beverage industry.
