A simmering trademark dispute over the “KENT” brand has taken another turn, with the Delhi High Court declining to lift a restriction on Kent RO Systems Limited that prevents the company from selling electric fans under the widely recognised “KENT” trademark.
The decision came from a Division Bench comprising Justices Navin Chawla and Madhu Jain, who concluded that Kent Cables had established a credible case that it was the earlier user of the “KENT” mark for fans. Because of this prior use, the Bench held that Kent RO could not claim exclusive rights over the brand in that product category.
The judges acknowledged that the restriction might inconvenience Kent RO, especially given the goodwill it has built around the “KENT” name in other appliances. But the Court remarked that the situation was largely of the company’s own making.
Kent RO told the Court that it began using the “KENT” mark in 1988 for oil meters and later expanded the brand to products such as water purifiers, air purifiers and other household appliances, building significant market recognition through extensive sales and advertising.
Kent Cables, however, traced its association with the brand further back. According to the company, it adopted the “KENT” mark in 1984 for insulated wires, cables and electrical components, securing trademark registration in 1986. Over time, the business expanded into electrical appliances, with the company claiming it had been selling fans under the same mark since around 2009.
The conflict intensified in 2022 when Kent RO alleged that Kent Cables was venturing into electrical and kitchen appliances while using the “KENT” name. Kent RO moved the court seeking to stop this expansion. Kent Cables responded with its own legal action, asking the court to prevent Kent RO from launching fans under the identical mark.
In May 2023, a single-judge bench sided with Kent Cables at the interim stage, restraining Kent RO from manufacturing or marketing fans branded “KENT.” Kent RO challenged that order before the Division Bench.
After reviewing the material placed on record—including invoices, certifications, government approvals and advertising material—the appellate Bench found that Kent Cables had demonstrated use of the mark for fans dating back at least to 2009.
The Court also viewed fans as a logical extension of Kent Cables’ original business. Moving from wires and cables to electrical appliances like fans, the judges noted, represented a natural progression for the company.
Kent RO’s argument that fans were closely related to water purifiers because both fall within the same trademark class did not convince the Bench. The Court clarified that classification categories serve administrative purposes for trademark registration and do not determine whether two products are commercially similar.
Another factor weighed heavily against Kent RO: delay. The company had opposed Kent Cables’ trademark application for fans in 2007 and issued a cease-and-desist notice in 2011. Despite these early objections, it waited until 2022 to file a lawsuit.
Such conduct, the Court observed, suggested acquiescence—essentially allowing the rival business to continue and grow before seeking judicial intervention.
The Bench also noted that Kent RO had not obtained trademark registration for fans, while Kent Cables had shown consistent prior use. Under trademark law, earlier commercial use can override a later infringement claim.
For now, the restraint on Kent RO introducing fans under the “KENT” label remains in place. The judges emphasised that their findings are only preliminary and will not prejudice the final outcome when the dispute proceeds to full trial.
