The Madras High Court dismissed the appeal by Dasaprakash Restaurant and Ice Cream Parlour Pvt. Ltd., holding that the trademark “Dasaprakash” is a family mark shared by all legal heirs. The Court ruled that once a trademark is treated as a collective family asset under a valid family arrangement, no single branch can later claim exclusive ownership. All descendants were held to be joint proprietors, and the Trademark Registry was directed to reflect this status.

Issue of Law

Whether the registration of the trademark "Dasaprakash" should be maintained exclusively in the name of the appellant or recognized as a "Family Mark" shared by all legal heirs based on the 1989 Family Arrangement.

Facts

The trademark "Dasaprakash" was originally registered in 1963 and 1982 by the patriarch, Mr. K. Seetharama Rao. Following his demise, a partition suit (C.S. No. 285 of 1988) was filed to divide the family assets. On 30 May 1989, the family recorded an Oral Family Arrangement stipulating that all family members/legal heirs could use the brand name in their respective businesses. Decades later, the appellant (a company controlled by one branch) attempted to secure exclusive rights. The Registrar of Trademarks and the IPAB had previously rejected this, leading to the current appeal, in which the other descendants (Respondents 2-11) contested the claim.

Judgment

The Court held that the trademark had evolved into a Family Mark. It emphasized that in Indian law, when a mark is cultivated by a patriarch and subsequently shared via a family arrangement, it becomes a "family heritage" or collective asset. The Court observed that once a mark is treated as a family asset in a partition, no single branch can later claim exclusive proprietorship to the exclusion of others. 

Substantive Development 

The appeal was dismissed. The Court confirmed that all legal descendants are co-proprietors and joint owners, and the Trademark Registry must reflect this status.

To read the official judgement/order, click here 

Court 

In The High Court Of Judicature At Madras

Case Title

Dasaprakash Restaurant and Ice Cream Parlour Pvt. Ltd. Vs. The Deputy Registrar of Trademarks & Ors.

Case Number

(T) CMA (TM) No. 2 of 2023

Bench

The Honourable Mr. Justice N. Anand Venkatesh

Date

16.12.2025