Forting FORT WILLIAM

In another victory for Scotch Whisky Association (SWA) Indian Trade Marks Registry refused registration for the mark FORT WILLIAM (Label) for whisky.

In this interesting case the applicant claimed that it had use for the mark FORT WILLIAM for a long time and FORT WILLIAM was a historical landmark in Kolkata, therefore SWA cannot have any claim over the word FORT WILLIAM as being evocative of Scotland.

SWA submitted that FORT WILLIAM was a famous tourist location in Scotland. SWA further stated that FORT WILLIAM is also the site for the tallest mountain of Scotland- Ben Nevis. Furthermore Fort William was located in the Highlands, an area famous for Scotch Whisky Breweries and distillers. SWA also claimed that Fort William was know for its own distillery called Ben Nevis (Fort William) Limited and its Scotch Whisky called DEW OF BEN NEVIS. In support of its submissions, SWA provided numerous documents.

The registrar while refusing registration to the application for FORT WILLIAM held that FORT WILLIAM is a famous town in Scotland which is known for Scotch Whisky. Therefore the application for FORT WILLIAM (Label) by the applicant would in all likelihood cause confusion and deception and therefore the mark cannot granted registration.