Plaintiff Favorable
417 plaintiff favorable decisions from Madras High Court.
Plaintiff Favorable Decisions
417 cases | Page 1 of 14
Simpleenergy Private Limited v.The Controller of Patents, Patent Office, Intellectual Property Office, Chennai
Simpleenergy Private Limited filed a Civil Miscellaneous Petition under Section 5 of the Limitation Act, 1963, seeking condonation of a 21-day delay in filing an appeal against the order dated 01.04.2026 passed by the Controller of Patents, Chennai, in Patent Application No. 202341071388. The respondent did not appear or file any objections despite private notice being served. The Madras High Court allowed the condonation petition, granting the appellant relief with no costs.
Adiuvo Diagnostics Private Limited v.The Assistant Controller of Patents and Designs & Moleculight Inc.
Adiuvo Diagnostics Private Limited filed a Civil Miscellaneous Petition under Section 117 A of the Patents Act, 1970 (as amended by the Tribunals, Reforms Act, 2021) seeking condonation of a 33-day delay in filing a Civil Miscellaneous Appeal. The appeal was directed against the order dated 29.01.2026 passed by the Assistant Controller of Patents and Designs, which revoked the grant of Indian Patent No. IN323440 (filed on 22.03.2017 with Indian application No. 201741010111). The counsel for the second respondent, Moleculight Inc., raised no objections and made an endorsement to that effect. The Madras High Court allowed the condone delay petition as prayed for, with no costs.
Nouveau Medicament Private Limited v.Maxttox Healthcare Pvt Ltd & Anr. (VOX DEI Labs)
Nouveau Medicament Private Limited, the registered proprietor of the pharmaceutical trademark 'ARG 9' (Registration No. 2645507), filed three Original Applications seeking ad interim injunctions against Maxttox Healthcare Pvt Ltd. and VOX DEI Labs for allegedly using the deceptively similar mark 'UPRG9'. The Madras High Court, relying on its earlier order dated 07.01.2026 in OA Nos. 740 to 742 of 2025 where a similar alpha-numeric mark 'URG-9' was found prima facie infringing, granted the ad interim injunction restraining the respondents from using the impugned mark.
V-Guard Industries Limited v.M/s. Kangaro Industries & The Registrar of Trade Marks
This Letters Patent Appeal challenged a single Judge's order that had set aside the Assistant Registrar of Trade Marks' rejection of Kangaro Industries' request for extension of time to file evidence in opposition proceedings. V-Guard Industries had applied for registration of the mark 'KANGARO' in Class 16, which Kangaro Industries opposed. The Division Bench held that Rule 45 of the Trade Marks Rules, 2017 is mandatory, that no extension of time is provided under the 2017 Rules unlike the 2002 Rules, and consequently the opposition stood deemed abandoned. The appeal was allowed and the single Judge's order was set aside.
Mex Switchgears Private Limited v.The Registrar of Trademarks
The applicant, Mex Switchgears Private Limited, filed an application to condone a delay of 122 days in filing an appeal against the order dated 21.10.2025 passed by the Registrar of Trademarks in Opposition No.801379 to Trademark Application No.1763867 in Class 09. The respondent opposed the application. The Madras High Court, after considering the averments in the affidavit and being satisfied with the reasons stated, allowed the application and condoned the delay.
M/s. MRF Limited v.Mr. Aas Mohammed, Sole Proprietor of MRF Batteries
M/s. MRF Limited filed four Original Applications (OA Nos. 713 to 716 of 2026) before the Madras High Court seeking ad interim injunctions against Mr. Aas Mohammed, Sole Proprietor of MRF Batteries, for allegedly using the marks 'MRF/MRF GENUINE/MRF BATTERIES' which are identical to MRF Limited's registered trademarks. The applications sought relief on grounds of trademark infringement, passing off, copyright infringement, and unfair competition/dilution of goodwill. The court, satisfied with the materials showing infringement of the registered trademark, granted an order of interim injunction as prayed for and issued notice to the respondent returnable in four weeks.
Nouveau Medicament Private Limited v.Orange Biotech Private Limited & Ors. (Ritual Drugs Private Limited and Akshar Molecules Inc)
The Madras High Court granted an ad interim injunction in favor of Nouveau Medicament Private Limited, the registered proprietor of the pharmaceutical trademark 'ARG-9' (Registration No. 2645507), restraining the respondents from using the allegedly infringing mark 'ORG-9'. The court found prima facie trademark infringement, passing off, and dilution of goodwill, relying on its earlier order dated 07.01.2026 in O.A.Nos.740 to 742 of 2025 where a similar alpha-numeric mark 'URG-9' was held to be prima facie infringing. Notice was ordered to the respondents returnable in four weeks.
Elanco Us Inc v.Assistant Controller Of Patents And Designs
The Madras High Court set aside an order rejecting a patent application for an oral pharmaceutical composition, finding the rejection to be arbitrary. The court directed a re-consideration of the application by a different officer within four months. The application relates to a treatment for chronic inappetence and chronic weight loss in companion animals. The court's decision highlights the importance of careful consideration of patent applications and the need for reasoned decisions.
Qualcomm Incorporated v.Controller Of Patents And Designs
Qualcomm Incorporated appealed against the order of the Controller of Patents and Designs rejecting their patent application. The Madras High Court set aside the impugned order and remanded the matter for reconsideration, directing a different officer to undertake the re-examination. The court found the original order to be arbitrary and a colourable exercise of power. The patent application will now be re-examined, providing Qualcomm Incorporated with another opportunity to secure a patent.
Amara Raja Energy And Mobility Limited v.The Registrar of Trade Marks
The appeal challenged the rejection of an application (No. 5547423) by the Registrar of Trade Marks on the ground that it was deemed abandoned due to non-filing of a counter statement against opposition No. 1323716. The appellant argued they were never properly served with the notice of opposition, as proof of actual receipt via email was lacking. The Court held that without proof of actual receipt, the time limit for filing the counter statement does not run, and consequently, the application cannot be deemed abandoned.
Edward Charles Troppi Smythe v.The Controller General Of Patents Designs And Trade Marks
The writ petition was filed seeking direction to accept and process an Indian Patent Application (IN202447028876) after the statutory deadline for filing a request for examination lapsed. The lapse occurred due to an inadvertent calculation error by the petitioner's Indian patent agent, who mistakenly used the second priority date instead of the first.
Dr.Vishwanath Padmanabhan v.The Joint Controller of Patents & Designs, Head of Office, Patent Office Chennai
Dr. Vishwanath Padmanabhan challenged the Patent Office's decision to deem his invention application withdrawn under Section 11B(4) due to a technical uploading error in the e-filing portal. The court found that since the petitioner intended to proceed and had paid all requisite fees, the rejection was unjust.
Edward Charles Troppi Smythe v.The Controller General Of Patents Designs And Trade Marks, Joint Controller Of Patents And Designs, Union Of India
The petitioner filed an Indian patent application related to satellite conjunction prediction. The deadline for filing the request for examination lapsed because the Indian Patent Agent mistakenly calculated the deadline, leading to a rejection by the Patent Office. The court allowed the petition, finding that there was no intent to abandon the application.
P.G.Purushan (A) P.G Purushan v.The Registrar of Trademarks
The Madras High Court allowed an appeal filed by P.G. Purushan against the Trademark Registry's decision to reject their trademark application, 'STIMULAID.' The core issue was whether the applicant had abandoned the mark after failing to comply with initial examination report directions. The Court found that since the appellant had submitted Form TM-M and attended subsequent hearings, there was no evidence of abandonment. Consequently, the rejection order was set aside, compelling the Registrar to proceed with considering and potentially accepting the application.
Stove Kraft Limited v.The Registry of Trade Marks
The Madras High Court allowed Stove Kraft Limited's appeal against the Trade Mark Registry's refusal to register the mark 'Pigeon'. The court found that the appellant had presented prima facie evidence of prior consent terms with Pigeon Corporation, which warranted further consideration rather than outright rejection. Consequently, the registry was directed to accept and advertise the trademark application, allowing any objections from third parties to be addressed later on their merits.
Mir Mahamood Ali & Ors. v.Mir Mukkaram Ali
The Madras High Court ruled in favor of the petitioners, ordering the expungement of the respondent’s name from the Copyright Register. The dispute centered on a conflict where the respondent was incorrectly listed as the owner of the artistic features of the 'Sagar Homeo Stores' trademark, despite the petitioners being the rightful owners. By establishing their prior and valid registration with the Trademark authority, the court found the opposing copyright entry to be illegal and concocted.
M/s.Hi Tech Chemicals Limited v.Deputy Controller of Patents and Designs, Intellectual Property Office
Hi Tech Chemicals Limited challenged the Deputy Controller's rejection of its post-grant opposition against Patent No. 311984, which covered an anti-stick coating. The Madras High Court set aside the impugned order because it failed to provide reasons for rejecting material grounds of opposition. The matter was remanded for reconsideration by a different officer.
P.Pandian v.The Registrar of Trademarks
The Madras High Court ruled in favor of P.Pandian, directing the Registrar of Trademarks to allow the renewal of the trademark 'THILTH'. The core issue was that despite the mark expiring, the petitioner could not renew it because the Registry failed to issue the mandatory statutory notice under Section 25(3) of the Trademarks Act, 1999. The court emphasized the Registrar's duty to inform proprietors about approaching expiration, thereby enabling timely renewal or restoration.
M/s.Sangeetha Caterers and Consultants LLP. v.M/s.Sangeetham House of Veg
The Madras High Court allowed a petition seeking the rectification and cancellation of a conflicting trademark. The petitioner, M/s.Sangeetha Caterers, successfully argued that the respondent's mark, 'SANGEETHAM HOUSE OF VEG,' was registered in bad faith after a court decree had already mandated the respondent to change their business name to 'Hotel Raagam - House of Veg.' The Court held that the registration was voidable because it suppressed prior litigation and compromise terms, ordering the Registrar of Trademarks to remove the conflicting mark forthwith.
AB INITIO TECHNOLOGY LLC v.The Controller of Patents & Designs
The appellant challenged an order rejecting its patent application (No. 4693/CHENP/2010) based on objections regarding lack of novelty and inventive step, and non-patentability under Section 3(k). The invention relates to a method for tracing upstream and downstream data lineage using graphical representations.
AB INITIO TECHNOLOGY LLC v.The Controller Of Patents & Designs
The appellant challenged an order rejecting its patent application (No. 4693/CHENP/2010) based on lack of novelty and inventive step, and non-patentability under Section 3(k). The invention relates to a method for tracing upstream and downstream data lineage using metadata management systems.
Ashique Exports (P) Ltd v.The Registrar Of Trade Marks
The Madras High Court ruled in favor of Ashique Exports, setting aside an adverse abandonment order passed by the Registrar of Trade Marks. The petitioner argued that they were never properly served with the Notice of Opposition regarding their 'Vi-Wash' trademark application. The court found that since the official records lacked reference to the petitioner's registered email ID, the statutory requirement for deemed service under Section 21(2) of the Trade Marks Act was not met. Consequently, the case has been restored for a fresh hearing after proper notice is issued.
Mohanlal U.Jain Trading As M/s.Master Marketing v.M/S.Lkb Engineering Pvt. Ltd.
The Madras High Court allowed appeals filed by Mohanlal U.Jain, setting aside the Trademark Registry's decision to abandon his applications for 'Rallison APPLIANCES.' The core issue was whether the opposition notice served by M/S.Lkb Engineering Pvt. Ltd. had been properly served on the appellant as required under Section 21(2) of the Trade Marks Act, 1999. The Court found that despite evidence of communication from the respondent, there was no proof presented by the Registry confirming service upon the appellant. Consequently, the appeals were allowed, and the Registry was directed to grant a fresh opportunity for the matter.
M.Ramesh v.V.Balu
The Madras High Court set aside an order from the Principal District Judge, Cuddalore, which had rejected a trademark infringement suit based on the existence of an arbitration agreement. The court ruled that since the defendants were not parties to the partnership deed containing the arbitration clause, and the dispute concerned trademark rights against third-party entities, the commercial suit was maintainable in civil court. This decision allows the original trademark infringement case to proceed.
M/s.Darshan International v.Deputy Registrar of Trade Marks & Gi
The Madras High Court ruled in favor of M/s. Darshan International, allowing them to proceed with their trademark registration for 'Darshan Incense.' The court addressed the issue of non-receipt of the notice of opposition by the petitioner, which led to the abandonment of their application. Citing a similar precedent, the High Court directed the Deputy Registrar of Trade Marks to restore the application and permit the petitioner to file a counter statement, ensuring they receive a fair opportunity to defend their mark.
Amgen Inc. v.The Assistant Controller of Patents and Designs
Amgen Inc. appealed an order by the Assistant Controller of Patents which held that claims 1-13 of Patent Application No. 5857/CHENP/2008 were not patentable due to various sections of the Patents Act, 1970. The Madras High Court allowed the appeal, finding that the claimed invention satisfied all requirements for protection and directing that the application proceed to grant.
Sidharth Jindal v.The Registrar of Trade Marks
The Madras High Court allowed the appeal filed by Sidharth Jindal against the Registrar of Trade Marks' rejection of his word mark application, 'BANGTAN BOYS BTS.' The court found that the initial objections raised under Section 9 and Section 11 of the Trade Marks Act were unsustainable. Crucially, the court overturned the rejection based on the 'proposed-to-be-used' basis, holding that this conclusion was erroneous and contrary to Section 18 of the TM Act. Consequently, the application was directed to proceed for advertisement.
Mr. Bhushanam Rayelly / M/s.Living Seed Technologies LLP v.M/s.Karthikeya Crop Technologies
The Madras High Court allowed the petition seeking rectification of the Trade Marks Register, directing the removal of an impugned trademark (No. 4972011). The court found that the petitioner had been using their mark ('SUPER AMAN') continuously since 2009 for agricultural products like paddy, establishing prior use. Given the striking similarity between the marks and the likelihood of consumer confusion, the registration granted to the respondent was deemed without sufficient cause.
Star Health And Allied Insurance Co. Ltd. v.The Registrar of Trademarks
The Madras High Court intervened in a matter concerning trademark oppositions, where Star Health And Allied Insurance Co. Ltd. sought judicial intervention to expedite pending proceedings. The court recognized that the delay in disposal was unjustified given the history of the applications and oppositions. Consequently, the High Court issued a mandate directing the Registrar of Trademarks to conclude both opposition cases within a strict three-month timeframe.
M/s. K.A.S.Zainulabdin And Co. v.K.G.Subramaniam and The Registrar of Trademarks
The Madras High Court allowed a petition seeking rectification of a trademark registration, specifically targeting the mark '399 BRAND K.G.S. SUBRAMANI AND CO' in Class 25. The court granted the relief after both parties reached an agreement: the contesting respondent agreed to change its trade mark, and the petitioner consented to this change. Consequently, the Registrar of Trademarks was directed to remove the disputed entry from the register within 30 days.
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