‘Premier League’ trademark of English Football Association upheld by DHC

The Delhi High Court (DHC), dealing with an appeal filed by the Premier SPG & WVG Mills against the order of the Registrar of trademarks, Delhi, in opposition of the English Football Association’s (EFA) mark ‘Premier League’, has held that by applying “the rule of anti-dissection” and the “identification of dominant mark” principle for the composite mark of EFA, it is clear that both the composite marks are distinct. The DHC while upholding the order of the Registrar further noted that the word “Premier” used by both the parties is a “commonly used generic word” which cannot by itself become the dominant mark in a composite mark.