Madras High Court
1359 cases · page 7 of 46
Showing 181–209M/s.Mysore Sangam Agarbatti Works v.M/s.Ganga Products
The Madras High Court dismissed the appeal filed by Mysore Sangam Agarbatti Works against the Registrar's decision rejecting its opposition to Ganga Products' trademark application for 'DEVICE OF LORD SHIVA'. The court held that names of Hindu deities are not exclusive and cannot be monopolized, citing established Supreme Court precedents. While dismissing the appeal, the court granted liberty to the appellant to seek cancellation under Section 47 if the mark is eventually registered.
Financiere Batteur Sas v.Kalai Arasu
Financiere Batteur Sas successfully petitioned the Madras High Court to cancel a registered trademark, 'Physiolac AR,' held by Kalai Arasu. The petitioner argued that the mark was adopted in bad faith and had suffered prolonged non-use, violating Section 47 of the Trade Marks Act. The court agreed, finding that the lack of genuine use for over five years demonstrated malafide intent to ride on the petitioner's established international reputation. Consequently, the trademark registration was ordered to be removed from the Register.
Tvs Motor Company Limited v.The Controller of Patents and Designs
TVS Motor Company Limited appealed against an order passed by The Controller of Patents and Designs refusing to grant a patent for its innovation, citing lack of inventive step. The appellant argued that the refusal was based on prior art documents without proper reasoning or consideration of their contentions. The Madras High Court quashed the impugned order due to non-application of mind and remanded the matter for fresh consideration.
Tvs Motor Company Limited v.The Controller of Patents and Designs
TVS Motor Company appealed an order from The Controller of Patents and Designs which refused to grant a patent for its innovation, citing lack of inventive step. The appellant argued that the refusal was based on non-speaking orders and failed to properly consider their contentions regarding prior art documents. The High Court quashed the impugned order and remanded the matter back for fresh consideration.
Shanmugavadivel v.The Registrar of Trade Marks
The Madras High Court allowed the appeal filed by Shanmugavadivel against an order passed by The Registrar of Trade Marks. The core issue was that the Registrar dismissed the appellant's review petition without providing a hearing, despite a scheduled date being fixed. Consequently, the court quashed the impugned order and remanded the matter back to the Registry for fresh consideration on merits after ensuring a fair opportunity to be heard.
Hatsun Agro Product Limited v.V.Shanmugam And S.Murugesan (Trading as Arokiya Foods)
Hatsun Agro Product Limited sought the cancellation of a registered trademark ('AROKIYA') held by V.Shanmugam and S.Murugesan, alleging non-usage for over five years under Sections 47 and 57 of the Trade Marks Act. The Madras High Court dismissed the petition, holding that the respondent's minor alteration to the mark (removing a device mark) did not constitute a substantial change affecting its identity. Furthermore, the court found no merit in the petitioner's claim regarding non-usage.
Department of Atomic Energy v.Assistant Controller of Patents and Designs
The Department of Atomic Energy challenged an order from the Assistant Controller of Patents refusing to process its patent application No. 201921029932, citing a delay in submitting the power of attorney. The petitioner argued that they had substituted a fresh power of attorney which was accepted by the respondents. The High Court quashed the refusal order, finding it passed without proper consideration and violating natural justice.
Fashion Chemicals GmbH & Co.KG v.Registrar of Trade Marks
The Madras High Court allowed an appeal filed by Fashion Chemicals GmbH & Co.KG against the refusal of its trademark registration for 'REPELLAN'. The court found that the Assistant Registrar's original order was cryptic, non-speaking, and violated principles of natural justice because it failed to consider the appellant's detailed arguments regarding the difference in goods (textile vs. construction) between 'REPELLAN' and the cited mark 'REPELLIN'. Consequently, the impugned order was quashed, and the Registrar was directed to publish the trademark for public opposition.
Ranjitkumar Saklchand Jain v.Pratapchand (Deceased) & Others
The Madras High Court dismissed a rectification petition filed by Ranjitkumar Saklchand Jain seeking to remove the trademark 'SANGHVI' from the register. The core dispute centered on whether the petitioner was a prior user of the mark for Roti Makers, despite having registered it later than the respondents. The court found that the petitioner failed to provide satisfactory documentary evidence, such as invoices or sales turnover, to substantiate his claim of continuous use since 1996, thereby upholding the validity and protection rights of the respondent's trademark.
Lenovo (Singapore) Pte. Ltd. v.Rpd Workstations Private Limited
Lenovo successfully challenged the registration of the mark 'THINBOOK' belonging to Rpd Workstations Private Limited in the Madras High Court. Lenovo, asserting its status as the originator and exclusive proprietor of the 'THINK Family of Marks,' demonstrated that the impugned mark was deceptively and phonetically similar to its established brand. The court ruled in favor of Lenovo, directing the cancellation and removal of the infringing trademark from the Register, thereby protecting Lenovo's goodwill and reputation in the market.
Poorliya Mobiles World And Electronics v.Kanni Uvaraj and Poorvika Mobiles Pvt. Ltd.
The Madras High Court disposed of an appeal concerning a trademark dispute between Poorliya Mobiles World And Electronics and Kanni Uvaraj/Poorvika Mobiles Pvt. Ltd. The parties reached a full and final settlement during the hearing. The appellant accepted the original trial court decree, provided they paid Rs. 1 lakh in damages, and formally undertook not to infringe upon the respondents' registered trademark.
BASF SE v.The Deputy Controller of Patents and Designs, The Patent Office
BASF SE appealed an order by the Deputy Controller refusing to grant a patent for a Divisional Application. The refusal was based partly on the timing (filing after original patent grant) and lack of distinctiveness. The High Court quashed the order, finding that the timing issue was not proven against the appellant and that principles of natural justice were violated.
BASF SE v.The Deputy Controller of Patents and Designs, The Patent Office
BASF SE appealed against an order refusing to grant a patent for its Divisional Application. The refusal was based partly on timing and lack of distinctiveness. The High Court quashed the order, finding that the respondent failed to consider the fact that the application was filed on the same day as the original patent grant, and also violated principles of natural justice.
Mankind Pharma Limited v.Micor Labs Limited
Mankind Pharma Limited sought the rectification of Micor Labs Limited's trademark 'DOLOBENE', arguing it was deceptively similar to their mark 'DOLOBAN'. The Madras High Court ultimately dismissed the petition, primarily on the grounds of inordinate delay and acquiescence. The court found that Mankind had lost its right to claim prior user due to the significant lapse between Micor Labs' registration date and the filing of the rectification application.
The Research Foundation for the State University of New York v.The Controller of Patents, The Patent Office
The appellant challenged the Controller's order rejecting its patent application, citing issues with both claim amendments and failure to meet the time limit for filing the National Phase Application. The court found that the respondent failed to properly consider the provisions allowing condonation of delay (Rule 138) and erroneously rejected the application based on non-application of mind.
Intervet International B.V. v.Deputy Controller Of Patents & Design
Intervet International B.V. challenged the Deputy Controller's refusal to grant a patent for its novel crystalline forms of the drug 20, 23 dipiperidinyl-5-O-mycaminosyl-tylonolide. The appeal argued that the rejection was arbitrary and non-speaking, failing to adequately consider expert evidence regarding superior stability. The Madras High Court agreed, finding a violation of natural justice in the original order.
Signal Pharmaceuticals v.Deputy Controller of Patents and Designs, Patent Office
Signal Pharmaceuticals appealed an order from the Deputy Controller of Patents refusing to grant a patent for its mTOR kinase inhibitors. The appellant argued that the refusal was based on a non-speaking order, failing to properly appreciate evidence and ignore the inventive step and therapeutic efficacy of the compound. The High Court quashed the impugned order and remanded the matter back for fresh consideration.
Mohammed Faisal T.P. v.The Registrar of Trade Mark
The Madras High Court addressed a writ petition filed by Mohammed Faisal T.P. seeking an expeditious processing of his pending Trademark Application No. 5007957. The court directed the Registrar of Trade Marks to ensure that the application is processed within a stipulated timeframe. This order provides clarity and urgency regarding administrative delays in trademark registration processes.
Psyco Remedies Ltd. v.Micro Labs Ltd.
This Madras High Court judgment concerns a petition filed by Psyco Remedies Ltd. seeking rectification of a trademark held by Micro Labs Ltd. However, before the court could rule on the merits of the rectification request, the parties reached an out-of-court settlement. Both sides agreed to withdraw related litigation and mutually refrained from taking further action against each other concerning the subject trademarks. Consequently, the High Court dismissed the petition as withdrawn.
Nalli Duraiswami Saroja (Late) (Through her son) Trading as Nalli Weaving Center v.N.Kuppuswami Chettiar
The Madras High Court dismissed an appeal filed by Nalli Duraiswami Saroja (Late) against a rectification order concerning her trademark. The court noted that despite repeated opportunities, the appellant failed to appear or prosecute the case. Consequently, the original registration was allowed to continue without challenge from the appellant's side.
Idemia Identity & Security France v.The Controller General of Patents, Designs & Trademarks
Idemia Identity & Security France challenged a rejection order issued by the Controller General of Patents, which denied patent protection for its invention related to 'Cryptography on a simplified elliptical curve'. The respondents argued that the invention was merely a mathematical formula or business method, thus falling under Section 3(k) of the Patents Act. However, the Madras High Court quashed the rejection order, finding it arbitrary and non-speaking because the respondents failed to address key contentions raised by the appellant regarding its technical contribution.
Neetha Madala (Proprietor of M/s.Harsha Hospitals) v.The Registrar of Trade Marks
The Madras High Court allowed Neetha Madala's appeal against the Registrar of Trade Marks, setting aside an earlier refusal to register her device mark 'HARSHA HOSPITALS'. The court found that the Registrar had issued a cryptic, non-speaking order without clearly explaining how the mark infringed Sections 9 or 11 of the Act. Furthermore, the court noted that the appellant had subsequently registered other marks, strengthening her claim for distinctiveness in her specific class (Class 44). Consequently, the application was restored and directed to proceed with the trademark registration process.
Samsudeen A v.The Registrar of Trade Marks / Salama Eye Hospital Limited
The Madras High Court allowed the appeal filed by Samsudeen A against the Registrar of Trade Marks' decision to abandon a trademark application. The core issue was whether service via email, as per TM Rules, was sufficient when the applicant claimed non-receipt of the opposition notice. Applying a purposive interpretation in the interest of justice, the court ruled that since the appellant could not prove receipt, he was deemed not to have received the notice, thereby quashing the abandonment order and allowing him a chance to file his counter-statement.
Monster Energy Company v.The Registrar of Trade Marks
The Madras High Court allowed Monster Energy Company's appeal against the Registrar of Trade Marks' refusal to register its trademark 'SUPER FUEL.' The court found that the Registrar erred by comparing 'SUPER FUEL' (for non-alcoholic beverages) with a similar existing mark ('FUEL') used for different products. Consequently, the impugned order was quashed, and the appellant was directed to be allowed to publish the trademark in the journal, allowing any third parties to file opposition petitions on merits.
Regeneron Pharmaceuticals Inc. v.Assistant Controller of Patents and Designs, Government of India
Regeneron Pharmaceuticals Inc. filed an appeal against the Controller of Patents and Designs' order refusing to grant a patent application (No. 201947017337). The appellant subsequently sought permission from the High Court to withdraw the appeal.
Beerco Ltd. v.The Registrar of Trademarks
The Madras High Court allowed Beerco Ltd.'s appeal against the Registrar's refusal to register its trademark 'BeerCo' under Class 32. The court found that the initial rejection was based on a non-speaking order and failed to consider the appellant's existing registrations for similar marks. Consequently, the impugned order was quashed, directing the Registrar to allow publication of BeerCo in the Trademark Journal so that third parties could raise any objections.
K. Ramu (Deceased) & Lavanya Ramu v.Adyar Ananda Bhavan
The plaintiff filed a suit seeking permanent injunctions and damages against Adyar Ananda Bhavan for infringing two patents (process and product) related to sweets made with fructose/levulose. The court ultimately dismissed the suit because the relevant patents had expired, rendering the main relief infructuous.
France Telecom v.Union of India
France Telecom filed a Writ Petition challenging orders from the Patent Office which returned its patent application because the request for examination was made beyond the statutory 48-month limit. The petitioner argued that the delay was due to an error by their Indian agent, constituting exceptional circumstances. The Court accepted this argument and set aside the impugned orders.
Ucon Pt Structural System Private Limited v.Utracon Corporation Pte Ltd., Utracon Management Pte Ltd., and Utracon Engineering Services Private Limited
The Madras High Court dismissed multiple arbitration applications seeking various interim injunctions against Utracon entities. The applicants, Ucon PT Structural System Private Limited, sought protection against client/employee poaching and the use of the 'UTRACON' name and logo. However, the court found that the non-compete and non-solicitation clause in the underlying Sale of Shares Agreement had expired after 10 years. Furthermore, the applicants failed to establish a prima facie case or demonstrate irreparable harm, leading to the dismissal of all interim relief requests.
V.P. Nandakumar and Manappuram Finance Limited v.Jayashree
In a dispute over the 'MANAPURAM' trademark, V.P. Nandakumar and Manappuram Finance Limited successfully reached a settlement with Jayashree before the Madras High Court. The parties agreed that the Petitioner has prior rights to the mark and that the Respondent will cancel her existing registration (No. 5109630) and transfer associated domain names within ten days. This compromise resolves the petition seeking removal of the infringing trademark entry.
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