Madras High Court has ruled that the BSA-Regal Group Ltd, Southampton, England, which has demonstrated that it retains the original trademark BSA for motorcycles and motorcycle parts, has every right to enter India after proper registration by the trademark registry.
The process cannot be stalled by Tube Investments of India Ltd (TI), Chennai, on the ground that its name appears as the registered proprietor for the trademark BSA for motorcycles also, the court said.
Passing orders on applications filed by the foreign company and Tube Investments in a civil suit, Justice M Jeyapaul said the latter had failed to establish its source of proprietorship over the trademark whereas the former had demonstrated that it did retain its ownership over it.
Tube Investments had just started manufacturing motorised vehicles under the trade name. Inconvenience caused to the foreign company would be irreparable compared to that of TI.