Institute of Cost Accountants of India can't use ‘ICAI’ as acronym: Delhi High Court

NEW DELHI: In a trademark infringement case filed by the Institute of Chartered Accountants of India against the Institute of Cost Accountants of India, the Delhi High Court has restrained the latter from using “ICAI” as an acronym for its institute or services. The court also ordered ICMAI to remove the word ‘ICAI’ where the institute has its presence from all physical and virtual platforms within three months.

“In a civil suit filed by the Institute of Chartered Accountants of India (ICAI) for the infringement of its Trademark ‘ICAI’, the Hon’ble High Court of Delhi vide judgment dated 21.03.2023 has restrained the Institute of Cost Accountants of India from using ‘ICAI’ as an acronym for its Institution or for the services provided by it,” read an official statement by ICAI on its official website.

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ICAI added, “The Hon’ble High Court has further directed that the Institute of Cost Accountants of India shall also take steps to ensure that the acronym ‘ICAI’ is removed from all physical and virtual media/websites where the Institute of Cost Accountants of India has its presence including all websites on the Internet as well as its social media platforms within 3 months.”

In the judgment of the High Court, it was mentioned that the chartered accountants institute has been using the acronym since 1949. Whereas, the ICMAI was renamed as the Institute of Cost Accountants of India in 2021. Previously it was the Institute of Cost and Works Accountants of India (ICWAI).

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ICMAI had requested the ministry of corporate affairs to have its name changed to the Institute of Cost and Management Accountants of India. ICAI opposed this proposal and suggested the current name for the institute.

The institute informed that the court has observed that it is a prima facie case of infringement of trademark and granted an interim order preventing ICMAI to use the acronym. “The High Court has observed that there is a clear prima facie case of infringement by the usage of ‘ICAI’ acronym by the Institute of Cost Accountants of India and the facts of the case clearly fall under Section 29(2)(c) read with Section 29(3) of the Trademarks Act, 1999 involving infringement of registered Trademark and accordingly, the prayer of the Institute of Chartered Accountants of India for interlocutory injunction was granted by the Hon’ble High Court,” said the statement of chartered accountants institute.