The Delhi High Court in the case The Institute of Chartered Accountants of India v. The Institute Of Cost Accountant of India observed and has restrained Institute Of Cost Accountants Of India from using ‘ICAI’ acronym as it is the trademark which is registered in favour of Institute of Chartered Accountants of India, for the institution or the services which are being provided by the Institute of Chartered Accountants of India .
The bench headed by Justice C Hari Shankar in the case observed and has also directed the Cost Accountants Of India for removing the ICAI acronym from all existing web pages and the other physical representation or virtual representation in which it is used, within the period of three months.
In the present case, the suit was filed by Institute of Chartered Accountants of India, wherein seeking injunction against the Institute of Cost Accountants of India from using of the ICAI mark.
However, it being the case of Institute of Chartered Accountants of India that the mark ICAI was being registered in its favour in Class 41 which relates to ‘Education and Providing of Training’. It was also stated that the Institute Of Cost Accountants Of India being engaged in same activity, except the same is to be considered with Cost Accountants whereas Institute of Chartered Accountants of India as it is related to Chartered Accountants.
The bench headed by Justice Shankar in the case observed that there being no such confusion on the part of public with regards to the use of ICAI mark by the Institute Of Cost Accountants Of India as stated under section 29(3) reading with section 29(2)(c) of the Trade Marks Act.
Adding to it, the court stated that it is impossible to decide without the additional material that weather the reference to ICAI in respect of educational and training services refers to Institute of Chartered Accountants or to the Institute of Cost Accountants.
Therefore, the court stated that it is a clear case of infringement by the defendant by the usage of the impugned ICAI acronym, for designating the institution of it.