Intellectual Property Appellate Board
17 cases · page 1 of 1
Nissan Jidosha Kabushiki Kaisha v.Crossword Agro Industries And ...
Nissan Jidosha Kabushiki Kaisha appealed an order from the Assistant Registrar of Trade Marks, Ahmedabad. The appeal concerned Nissan's opposition to a trade mark application filed by Crossword Agro Industries for goods related to engines and pumps. The IPAB allowed the appeal, directing that the appellant's evidence be taken on record and the matter decided on its merits.
Merck Kgaa v.The Registrar Of Trade Marks
Merck Kgaa appealed an order from the Assistant Registrar of Trade Marks regarding its trade mark 'CANDISTAT'. The core issue revolved around whether the appellant could be granted sufficient time to file necessary evidence in support of its opposition, despite procedural delays. The IPAB set aside the impugned order and allowed the appeal, emphasizing that opportunity must be granted to the applicant.
Nirma Limited v.Nirman Plast (India) Pvt. Ltd.
Nirma Limited appealed against the rejection of its three trade mark oppositions (AMD-190624, AMD-190625, and AMD-190626) filed against Nirman Plast's applications for 'NIRMAN'. Nirma argued that the opposition was timely despite receiving the Trade Marks Journal late. The IPAB ruled that based on the statutory requirement to use the date the Journal is made available to the public, the opposition was beyond the prescribed time limit and dismissed the appeal.
Rolic Ag Et Al v.The Controller General Of Patents And ...
The appeal challenged the Patent Office's refusal to grant a patent for 'Topologically Structured Polymer Coating.' The appellants argued that the invention was novel and inventive, citing acceptance by the European Patent Office (EPO). The IPAB found that the Controller's refusal order lacked clarity and explicit reasons, leading to the remand of the case.
Michigan State University v.The Assistant Controller Of Patents And ...
Michigan State University appealed the decision of the Patent Office to abandon its divisional patent application (No. 1699/DEL/1996). The Patent Office had maintained objections that the claimed expression cassette did not constitute an invention under Section 2(1)(j) and was non-patentable. The IPAB found the abandonment order unsustainable due to a violation of natural justice, as no opportunity of hearing was provided.
Amit R. Trivedi Trading As Active Health v.Assistant Registrar Of Trade Marks And ...
The appellant, a pharmaceutical manufacturer, appealed against the Assistant Registrar's refusal to register the trade mark SEREN. The appeal argued that since the product was a prescription drug, there was no likelihood of confusion. However, the IPAB found the marks (SEREN and SERENE) to be patently identical phonetically and structurally, concluding that the likelihood of deception was imminent.
Pidilite Industries Limited v.The Registrar Of Trade Marks, The Trade ...
Pidilite Industries Limited appealed against an order rejecting its interlocutory petition seeking to take further evidence in opposition proceedings. The dispute centered on the use and protection of their well-known trade marks ('FEVI', 'FEVICOL') against a similar mark ('FEVIDIP').
Shri Kanishk Gupta v.Liberty Footwear Company
Shri Kanishk Gupta filed an application before the IPAB seeking rectification of a trademark registration held by Liberty Footwear Company. The core dispute involved discrepancies in the registered mark's representation, specifically concerning its association with another trademark (323656) and the spelling/display of 'RICARDO'.
Cannon Kabushiki Kaisha v.Ms. Alka Gupta Trading As Guide Men Tape
The appeal challenged an order that allowed a trade mark application for 'CANON' label in Class 9, despite opposition from Cannon Kabushiki Kaisha. The appellant argued its prior use and ownership of the famous mark 'CANON'.
Krishna Oil Industries v.Assistant Registrar Of Trade Marks
Krishna Oil Industries appealed the order of the Assistant Registrar of Trade Marks which treated their opposition against the registration of the trade mark 'EKKA' as abandoned. The appellant argued that they had filed their evidence before the abandonment order was passed, despite delays due to internal issues. The IPAB dismissed the appeal, finding no infirmity in the Assistant Registrar's decision because the appellant failed to file evidence within the final extended period.
Bal Krishan Jindal v.Mohinder Singh And Anr.
Two applications were filed before the IPAB seeking rectification/cancellation of the trade mark 'Citizen' by both parties. Shri Kishan Jindal claimed prior adoption and use, while Mohinder Singh claimed his own rights to the mark. The Board found that the applicants failed to discharge the burden of proof regarding lack of distinctiveness or deception.
Novartis Ag. v.Cipla Ltd.
Cipla Ltd. opposed Novartis AG's patent application for a new crystal form of imatinib mesylate. The IPAB found that the subject matter was merely a new form of a known substance without significant enhancement in efficacy, thus failing Section 3(d). Furthermore, the court disqualified the application due to improper claiming of Swiss priority.
Jvc Industrial Corporation v.Victor Company Of Japan Limited And Shri ...
The dispute concerned the opposition by Victor Company of Japan Limited against the registration of the trade mark 'JVC' applied for by Jvc Industrial Corporation. The IPAB examined whether the goods—battery chargers/inverters versus audio/video equipment—were sufficiently distinct to prevent confusion.
Torrent Pharmaceuticals Limited v.Reddy'S Laboratories Limited
Torrent Pharmaceuticals Limited filed an application for the trade mark 'DOPAMINE'. Reddy'S Laboratories Limited opposed this registration, arguing that 'DOPAMINE' was descriptively similar to their existing mark 'DOPAMET' and was a non-proprietary generic name for a chemical compound. The IPAB ultimately dismissed the appeal, agreeing with the opposition that the mark failed to meet the requirements of Section 9.
Hindustan Lever Limited v.Madhusudhan Industries Limited
Hindustan Lever Limited opposed the registration of the trade mark 'UJALA KING' by Madhusudhan Industries Limited, arguing that it was deceptively similar to their well-known marks 'SUNLIGHT' and 'SUN'. The IPAB ultimately ruled in favor of Hindustan Lever, finding that the impugned mark did not qualify under relevant sections due to confusing similarity.
Rajapalayam Industrial And Commercial v.P. Iya Nadar Charitable Trust
The petitioner sought expunction (rectification) of the registered trade marks 'CAMEL' (Nos. 109120 and 439372), arguing that their registration in favour of the respondent charitable trust violated Section 6(2) of the Act, and that the mark had suffered dilution due to widespread use by family members. The respondent defended its right to maintain the mark.
United Brothers v.Aziz Ulchani And Anr.
The petitioner sought the removal (rectification) of the respondent's trade mark 'UNITED' from the Register, claiming that it infringed upon their common law rights and registered trademarks for household utensils. The respondent argued that the marks were used for different classes of goods and that the word 'UNITED' was descriptive and common usage. The Board ultimately dismissed the petition.
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