Khadi’s Trademark: India Vs. Other countries

Prime minister Modi has already been in the news and this time his “Khadi promotion” is the target. So, the point here is that original Khadi is a hand woven fabric and all the monetary benefit generated under “Khadi” Trademark should come to India. Also, world should recognize Khadi as creation of India. No one should use this word other than India or without the consent of Indian community.

A Germany based company Khadi Naturprodukte, Spain and other countries are using name Khadi to sell shampoos, heena, etc.

So here are points that should be noted:

– Khadi has been part of India’s rich tradition since independence

– Many products are already sold under “Khadi” trademark in India

– Well known trademarks are protected under TRIPS

A well-known trademark is protected even if the owner does not register it. WIPO joint recommendations can be helpful in taking decision regarding well-known trademarks. So, India could be benefited from WIPO membership.

Other important things to be considered:

– Khadi or Khaddar fabric, which has been launched by Indian as a part of freedom struggle in 1920

– The products for skin care, hair care, etc. are being sold by Khadi Village industries Commission (KVIC) after its establishment in 1963

– If products are launched after 1963 in other countries then case could go in favor of India as KVIC launched these products other than fabric after 1963

– German company Khadi Naturprodukte is approximately 40 years old and the matter of fact is textile has already been used by India in 1920

So, if we claim rights related to textiles then chances are we can bring back exclusive right to our country. Otherwise, it would be difficult for us to claim the right this time.