Double Coin Holdings wins India trademark case

Double Coin holdings Limited’s ownership of the Double Coin trademark in India has been confirmed in a dispute between the Chinese manufacturer and local distributor, Trans Tyre (India) Private Limited. The Hindu newspaper reports that the Chennai-based Intellectual Property Appellate Board (IPAB) has ordered that the trademark registration granted to Trans Tyre in 2007 be nullified.

Double Coin Holdings and authorised agent Zafco Trading first filed the suit against Trans Tyre two years ago. The dispute has its origins in Zafco’s decision to appoint Trans Tyre its representative in India in an agreement valid until 30 June 2007. Zafco entered into this arrangement with Trans Tyre as it had no local presence in India at the time, and the agreement was not renewed upon its expiry in 2007.

In January 2010, when Zafco established its own operation in India, it was discovered that Trans Tyre had registered the Double Coin trademark in India as of 31 October 2007. A cease and desist notice was issued by Double Coin Holdings and Zafco Trading, however Trans Tyres claimed it obtained the trademark registration with Double Coin Holdings’ full knowledge and consent.

The IPAB rejected Trans Tyre’s ownership to the Double Coin trademark, stating that “Trans Tyre cannot claim to be a proprietor of the trademark and is merely a distributor. Double Coin Holdings Ltd is the proprietor of the trademark…The registration cannot be allowed to remain on the registry in the name of a person/entity which is not the proprietor.”