Court ruling leads to cancellation of ‘Perfect Center Fillz’ trademark

The Department of Industry has cancelled the trademark registration of ‘Perfect Center Fillz’ chewing gum following a Supreme Court ruling that found the mark sufficiently similar to Italian confectionery company Perfetti Van Melle S.p.A.’s established ‘Center Fruit’ trademark.

In case no. 077-CI-0301, the Supreme Court concluded that the two marks could confuse ordinary consumers. Following the ruling, the department cancelled the trademark registered in the name of Perfect Foods Pvt. Ltd., based in Duhabi, Sunsari.

The court ruled that trademark similarity should not be assessed solely by comparing individual words. It said pronunciation, visual appearance, the nature of the products, places of sale, consumer attention during purchase and the overall market impression should also be considered.

Nepal’s Patent, Design and Trademark Act, 2022, allows the Department of Industry to cancel registered trademarks under certain circumstances. The law also provides for penalties and seizure of goods if cancelled trademarks continue to be used in commercial transactions.