A settlement over the use of the THEOS/THEO trademarks was achieved between the two well-known confectionery companies.

In a trademark dispute with Theobroma before the Delhi High Court, confectionery company Theos has agreed to restrict its services for items carrying the THEOS mark to the Delhi-NCR region. (Theobroma Foods Pvt Ltd v. Theos Food Pvt Ltd & Ors)

The Court also stipulated that Theobroma is free to increase the number of its stores around the nation.

Justice Prathiba M. Singh ruled, “In recognition of the parties’ mutual agreement to negotiate a settlement,

“Theobroma is free to increase the number of locations it has across the nation using the name/mark “THEOBROMA.” However, as far as its products and services offered under the mark/name “THEOS” or “THEO’S” are concerned, Theos shall be limited to the Delhi-NCR area.”

Theobroma had initially objected to Theos using the mark “THEOS” or “THEO’S,” but the Mumbai-based confectionery brand allowed it as long as Theos limited its business to the Delhi-NCR region, according to the court.

The Court noted that Theos was free to register its own mark, “THEOS”/”THEO’S,” as a word mark or in any logo form, and to use it only in relation to goods and services provided in the Delhi-NCR region.

Theos was further instructed not to do any online business outside the Delhi-NCR region using the aforementioned mark or name. According to the Court in this regard,

If Theo’s wants to expand its business operations outside the Delhi-NCR region, it must do so under a mark or name that is neither the same as nor confusingly close to “THEOBROMA.”

However, the Court also ruled that Theos was free to use a prefix or a suffix in addition to its mark or name for expansion, as long as the mark or name overall was not identical or misleadingly similar to Theobroma and did not cause confusion.

Theobroma should continue to have all of its trademark registrations for “THEOBROMA” and its registered variants and derivatives, including “THEOS” and “THEO,” according to the Court’s ruling. The rights to these names and marks belong to Theobroma, who is allowed to defend them and take any enforcement- and opposition-related measures.

The parties agreed that Theobroma would limit the use of the mark “THEOS”/”THEO’S” on social media, physical, online menu cards, and signage to the following five food products it offers, along with variations of each:

  1. Theos Dutch Truffle Cake
  2. Theos Chocolate Mousse Cup
  3. Theos Mava Cake
  4. Theos Dense Loaf
  5. Theos Quiche

The Court made it clear that the aforementioned utilisation of the mark shall only be on menu cards used at Theobroma’s physical outlets and shall not apply to its online menu.

Finally, the Court also established additional rules that both parties must adhere to in order to effectively implement the settlement conditions, including:

As long as the marks are compliant with the provisions of this settlement, neither party may oppose the other’s marks or object to them in any way.

The Court made the significant observation that all disagreements between the parties will be settled.

On August 24, the subject will be heard once more.

Theos filed the current lawsuit in an effort to prevent Theobroma from utilising the “THEOS” brand while Theobroma had filed a trademark infringement lawsuit against Theos before the Bombay High Court. Theobroma was using the mark “THEOS” as a prefix to the names of numerous food items being sold across its outlets in the case of Theos.

Theobroma, on the other hand, asserted that it was the first to use the marks and to have adopted them, and it stated that Mumbai was where it originally built its first store or café in 2004.

Theo’s was represented by senior attorney Jayant Mehta as well as attorneys Kapil Wadhwa, Surya Rajattan, Gaurav Wadhwa, Vikram Narula, and Abhishek Tiwari.

Meanwhile, Manoj Menda and Rahul Vidhani, attorneys, represented Theobroma.

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