Madras High Court
1359 cases · page 13 of 46
Showing 361–389Genmab A/S v.Assistant Controller of Patents and Designs, Government of India
Genmab A/S appealed the rejection of its patent application (No. 4718/CHENP/2007) for a monoclonal antibody targeting human CD38. The respondent argued that the antibody was merely a discovery of a naturally existing molecule, thus ineligible under Section 3(c). The High Court set aside the rejection, finding that the antibody was produced through substantial human intervention and possessed inventive step.
Industeel France v.The Assistant Controller of Patents, Design, Trade Mark And Geographical Indications Patent Office
Industeel France appealed against the rejection of its patent application (No. 119/CHENP/2007) by the Assistant Controller of Patents. The appellant argued that the Controller repeatedly changed objections and prior arts, causing procedural inconvenience. The High Court allowed the appeal, setting aside the rejection order and remanding the matter for fresh examination.
Rexcin Pharmaceuticals Private Limited v.The Registrar of Trade Marks
The Madras High Court intervened in a protracted dispute involving the renewal of the trademark 'GENTALENE.' The petitioner sought relief against the Registrar, who had refused renewal citing statutory limitation. The court found that the Trade Marks Registry's own extreme delay—taking over 32 years to issue the registration certificate despite multiple assignments and opposition dismissals—rendered its insistence on strict adherence to limitation rules unjust. Consequently, the High Court directed the Registry to accept the renewal application, effectively overriding the procedural lapse caused by administrative inaction.
Erytech Pharma v.The Assistant Controller of Patents and Designs
Erytech Pharma filed a Transfer Civil Miscellaneous Appeal (Patents) challenging the Assistant Controller's decision regarding Indian Patent Application No. 661/CHENP/2010. The appellant subsequently sought and was granted leave to withdraw the appeal.
Microsoft Technology Licensing, LLC. v.The Assistant Controller of Patents & Designs
Microsoft Technology Licensing appealed the dismissal of its patent application (No. 4866/CHENP/2015) by the Assistant Controller of Patents & Designs. The rejection was based on alleged non-filing of Form-3, coverage by the original application, and exceeding the specification. The High Court allowed the appeal, finding that the Controller had not applied its mind to the facts, and remanded the matter for fresh consideration.
M/s.Mesmer Pharmaceuticals v.The Registrar of Trade Marks
The Madras High Court set aside the Trade Marks Registry's decision to refuse registration of 'REJUSTAR' in Class 5. The Registrar had cited phonetic similarity to other marks, but the court held that it was premature to determine deceptive similarity based solely on scrutiny under Section 11. Given that the appellant's mark is an invented word and the cited marks were used for different goods or outside India, the matter was remanded back to the Registry for further processing.
Hmd Global Oy v.The Registrar of Trade Marks, Office of the Trademark Registry
Hmd Global Oy successfully challenged the Trademark Registry's refusal to register its word mark 'PureDisplay' in the Madras High Court. The core issue was the Registry's finding that the mark lacked distinctiveness, despite the appellant providing evidence of global use and registration. The court found that the Registrar violated principles of natural justice by passing an order under a different section (9(1)(b)) without giving the appellant a hearing on that specific ground. Consequently, the rejection was set aside, and the application was remanded for final consideration.
Sicpa Holding Sa v.The Controller of Patents
Sicpa Holding Sa appealed the rejection of its patent application for 'Inline Spectroscopic Reader and Methods' by the Controller of Patents, which cited a lack of inventive step. The High Court found that the Controller had not adequately considered the detailed explanations provided by the appellant in response to the objections raised on prior art. Consequently, the appeal was allowed, and the matter was remanded for fresh consideration.
Qualcomm Incorporated v.The Controller of Patents
Qualcomm appealed an order from the Patent Controller rejecting its invention titled 'ENHANCED BLOCK-REQUEST STREAMING SYSTEM FOR HANDLING LOW-LATENCY STREAMING'. The appeal argued that the Controller failed to adequately consider the appellant's written submissions and did not correctly assess the novelty and inventive step against prior art. The High Court allowed the appeal and remanded the matter for fresh consideration.
W.R.Grace & Co.-Conn. v.The Controller of Patents
W.R.Grace & Co.-Conn appealed an order from the Controller of Patents rejecting its application for a patent on a propylene impact copolymer and method. The appellant argued that the rejection was flawed because the Controller failed to consider their written submissions and amendments made in response to prior art objections. The Madras High Court allowed the appeal, finding procedural lapses, and remanded the matter for fresh consideration.
Omega SA v.The Controller of Patents & Design, Government of India
Omega SA appealed the rejection of its patent application concerning a ceramic element inlaid with metallic decoration, which was rejected by the Controller on grounds of lacking inventive step. The High Court found that the Controller failed to apply his mind properly to the issue and equated the hyper-precision technology to ordinary laser etching. Consequently, the court set aside the rejection order and remanded the matter for fresh consideration.
Idamakanti Madhusudhana Reddy v.The Registrar of Trade Marks
The Madras High Court set aside the Trade Mark Registry's refusal to register 'Doctor Reddys Path Labs,' which was based on similarity to an existing mark. The court found merit in the appellant's argument that the word 'Reddy' is generic and that the marks operate in different classes of goods/services (Pathology vs. Pharmaceuticals). Crucially, the High Court mandated a fresh review by the Registry, requiring it to consider Section 12 of the Trade Marks Act, even if opposition from a well-known mark arises.
Fintie Llc Through Mr.Nai Chu Cheng v.Vivekananda Chintapalli Of Flat 5 & The Registrar of Trade Marks
The Madras High Court allowed Fintie LLC's petition seeking the cancellation of a conflicting trademark registration. The court found that the respondent had registered the identical word mark 'FINTIE,' relying on the petitioner's established goodwill and prior use in other jurisdictions. Given the clear identity of the marks, the court ruled it inappropriate for the respondent's mark to remain on the register.
Hatsun Agro Product Ltd. v.V.Nataraja trading as M/s.Nataraja Traders
The Madras High Court ruled in favor of Hatsun Agro Product Ltd., directing the cancellation of a deceptively similar trademark registered by V.Nataraja Traders. The court found that the respondent's mark was strikingly and confusingly similar to the petitioner's established 'ArokyA' brand, despite minor differences or added devices. This decision reinforces the principle that similarity in appearance, color scheme, and overall impression can lead to trademark cancellation, even if the infringing party attempts slight modifications.
Microsoft Technology Licensing LLC v.Assistant Controller of Patents and Designs, Government of India
Microsoft Technology Licensing LLC appealed the rejection of its patent application (No. 1783/CHENP/2012) by the Assistant Controller of Patents and Designs. The appellant argued that the rejection order did not properly assess non-obviousness, failing to apply established legal principles regarding inventive step analysis. The High Court allowed the appeal, setting aside the impugned order.
Manking Pharma Limited v.Micro Labs Limited
The Madras High Court dismissed the petition filed by Manking Pharma Limited seeking the removal of the trademark 'DOLOBENE' from the register. The court noted that the petitioner failed to appear for the hearing on two consecutive occasions, leading to the dismissal of the original petition for default.
Apex Laboratories Pvt. Ltd. v.Zenon Healthcare Limited
Apex Laboratories Pvt. Ltd. filed a civil suit against Zenon Healthcare Limited and Krishnam Bio-Tech alleging trademark and copyright infringement related to its product ZINCOVIT. The plaintiff sought permanent injunctions against the use of deceptively similar marks like ZINOZVIT, as well as relief for passing off and unauthorized reproduction of artistic works. Both parties ultimately resolved their dispute amicably through a Joint Memorandum of Compromise.
Victaulic Company v.Asst. Controller of Patents and Designs, Government of India
Victaulic Company appealed the rejection of its patent application for a 'Mechanical Pipe Coupling having Spacers' on the grounds that it lacked inventive steps. The appellant argued that its invention, featuring a collapsible spacer, provided an advantage not present in the cited prior art (D1 and D2).
Duke University v.Deputy Controller of Patents & Design
Duke University appealed the rejection of its patent application for 'LASOFOXIFENE TREATMENT OF ER+ BREAST CANCER' by the Deputy Controller. The Controller rejected the application, citing prior art and statutory objections (Sec. 2(1)(ja) and Sec. 3(i)), without permitting the appellant to amend its claims as requested.
Magnum Eco Tech. Partner v.Controller General of Patents, Designs & Trademarks
Magnum Eco Tech. Partner filed an Appeal before the Madras High Court seeking to reverse a prior order by the Controller General of Patents regarding patent application 201841047838 and grant the patent in their favor. The petition also included a request for condonation of delay. However, the court noted that attempts to serve the Registry notice on the petitioner failed as the petitioner was not present at the given address. Consequently, the Court closed the appeal/petition.
M/s.Haryana Soap Factory (Sh.Krishan Kumar Jain) v.Sh.A.J.Saravanan & The Registrar of Trade Marks
This Madras High Court judgment confirms the dismissal of Transfer Original Petitions filed by M/s.Haryana Soap Factory seeking rectification of specific trademarks (936165 and 1833170). The court noted that both parties had reached a compromise regarding the underlying dispute, which was formalized in a memo recorded by the District Court, Delhi. Consequently, the petitioner voluntarily withdrew their claims, leading to the dismissal of the petitions without costs.
M/S Shubham Goldiee Masale Pvt. Ltd. v.Indu Devi
The Madras High Court ruled in favor of M/S Shubham Goldiee Masale Pvt. Ltd., directing the cancellation of a conflicting trademark, 'GOLDY,' held by Indu Devi. The court found that despite minor visual differences, the first respondent's mark was strikingly and deceptively similar to the petitioner's established marks ('GOLDIEE'). This decision reinforces the principle that phonetic similarity can outweigh superficial design elements in trademark disputes.
Dr. Vandana Parvez v.The Controller of Patents Office of Controller General of Patents
The appellants appealed the rejection of their patent application for a method/system related to interactive online digital content. The Controller rejected the application, citing lack of novelty based on prior art D1 (the appellants' own withdrawn application). The Madras High Court set aside the rejection order, finding that citing the appellant's own withdrawn application as prior art was invalid and directing the Patent Office to expunge it from the public domain.
Sharp Kabushiki Kaisha v.Assistant Controller of Patents and Designs, Government of India
Sharp Kabushiki Kaisha appealed the Patent Controller's rejection of its application for a communication system. The appellant argued that the grounds of rejection were not properly disclosed or overlooked by the Controller. The Madras High Court allowed the appeal and set aside the impugned order.
Odi-Ray Industries Limited v.Life Style International Pvt. Ltd.
The Madras High Court addressed a petition filed by Odi-Ray Industries Limited seeking the removal or rectification of the trademark 'SPICE IT UP (Label)' registered in favor of Life Style International Pvt. Ltd. The court noted that the petitioner failed to appear before the court on the scheduled date. Consequently, the entire original petition was dismissed for default.
Tempting Brands Ag v.Mr.Parasmal Purohit
The Madras High Court ruled in favor of Tempting Brands Ag, ordering the cancellation of Mr. Parasmal Purohit's registered trademark (No. 1690863). The court found that the respondent had literally copied the petitioner's mark, making only a minor cosmetic change ('66' to '69'). The judgment strongly condemned this act as theft and dishonest adoption, reinforcing the principle of protecting prior rights against subsequent imitation.
S.Sudhakar v.K.Priya
The Madras High Court allowed a petition filed for the rectification of the Trademarks Register, directing the cancellation of K. Priya's 'UDAYA MASALA' mark. The court relied on a prior final judgment in an infringement suit which had already established that the respondent's mark was deceptively similar to the petitioner's earlier registered marks ('UDHAIYAM'). This decision reinforces the principle that successful infringement litigation can serve as a basis for seeking cancellation of confusingly similar trademarks.
Aratana Therapeutics, Inc. v.Controller of Patents and Designs
Aratana Therapeutics appealed the Controller's rejection of its patent application (No. 201747026233), which related to a weight-gaining compound for animals with chronic maladies. The appellant argued that their claims were limited to oral administration methods and did not claim a permanent cure, contrary to the Controller's interpretation under Section 3(i).
M.K.Agrotech Pvt. Ltd. v.Registrar Of Trademarks; K.Suma Trading as Suma Oil Agencies
M.K.Agrotech Pvt. Ltd. filed a petition seeking the rectification and cancellation of a rival trademark registration, arguing it was deceptively similar to its own mark. The petitioner also noted that the rival trademark had expired and not been renewed. Consequently, the Madras High Court dismissed the petition as having become infructuous, effectively upholding the status quo regarding the challenged registration.
Alkem Laboratories Limited v.Orchid Healthcare (A Division Of)
The Madras High Court allowed Alkem Laboratories Limited's appeal against the Trade Mark Registry's decision to register 'TAXTAM'. The court found that despite the registry listing several differences (such as product type or price), the marks 'TAXIM' and 'TAXTAM' were phonetically and visually deceptively similar. Citing established legal precedent, the High Court set aside the impugned order and directed the rectification of the Trademark Register to protect Alkem's prior rights.
Facing a similar IP matter?
Arctic Invent is a specialist IP firm with deep litigation expertise across India, EU, US, and UK. Our team uses data-driven strategy to build stronger cases.