Plaintiff Favorable
418 plaintiff favorable decisions from Madras High Court.
Plaintiff Favorable Decisions
418 cases | Page 8 of 14
Huawei Technologies Co., Ltd v.The Controller of Patents
Huawei Technologies appealed the rejection of its PCT National Phase patent application by the Controller of Patents. The Controller rejected the application citing various objections, including issues with method claims and lack of clarity. The Madras High Court set aside the rejection order, finding that procedural lapses did not justify the rejection when substantive changes had been made to address the SER objections.
Huawei Technologies Co., Ltd v.The Controller of Patents
Huawei Technologies appealed the Controller of Patents' decision to reject its PCT National Phase patent application. The Controller rejected the application citing various deficiencies, including improper numbering and lack of invention in certain claims. The High Court set aside the rejection order, finding that procedural errors did not justify the outright rejection, and remanded the matter for reconsideration.
Huawei Technologies Co., Ltd v.The Controller of Patents
Huawei Technologies appealed the Controller of Patents' decision to reject its PCT National Phase patent application (No. 201947028978). The Controller rejected the application citing lack of clarity in method claims and unnecessary amendments. The High Court set aside the rejection order, finding that the grounds for rejection were not based on merits, and remanded the matter for reconsideration.
Huawei Technologies Co., Ltd v.The Controller of Patents
Huawei appealed the Controller of Patents' order rejecting its PCT National Phase application (No. 201947028978). The rejection was based on various objections, including lack of novelty and clarity in claims. The High Court found that the rejection was not dealt with on merits and set aside the impugned order, remanding the matter for reconsideration.
Huawei Technologies Co., Ltd v.The Controller of Patents
Huawei Technologies appealed the rejection of its PCT National Phase patent application (No. 201947017802) by the Controller of Patents. The Controller rejected the application citing failure to submit proper method claims and procedural lapses regarding Form-3 filing delay. The High Court set aside the rejection, finding that the grounds for rejection were untenable and remanding the matter.
Huawei Technologies Co., Ltd v.The Controller of Patents
Huawei appealed the rejection of its PCT National Phase patent application (No. 201947028978) by the Controller of Patents. The appellant argued that the rejection was based on procedural failures and misinterpretations, despite having addressed substantive objections raised in the Second Examination Report. The High Court set aside the impugned order and remanded the matter for reconsideration.
Laticrete International, Inc. v.The Registrar of Trade Marks
The Madras High Court allowed Laticrete International's appeal against the Registrar of Trade Marks' refusal to register its trademark application. The court found the original refusal order was unreasoned, essentially a 'copy and paste job,' and failed to consider the appellant's arguments regarding the cited marks. Crucially, the court noted that two of the five cited conflicting marks had been abandoned, while the remaining three were still in an 'opposed' status, making the application eligible for advertisement.
Jagarlamudi Durga Prasad v.The Registrar of Trademark
The Madras High Court set aside the Trademark Registrar's refusal to register the mark 'GRAMA BAZAAR' (Application No. 3589530). The appellant successfully argued that because the mark is a device mark applied to services (operating as a marketplace), it should not be subject to the same conflicts as existing word marks registered for goods in different classes. Consequently, the court directed the Registrar to accept the application for advertisement, while imposing a limitation preventing the appellant from claiming exclusive rights over the words 'GRAMA' or 'BAZAAR'.
M/S.Chu Chu Tv Studios Llp v.The Registrar Of Trademarks
The Madras High Court allowed the appeal filed by M/S. Chu Chu Tv Studios LLP against the Registrar of Trademarks' rejection of its device mark registration (CHU CHU TV). The court overturned the refusal, finding that the grounds cited by the Registrar—including lack of turnover disclosure and failure to provide a Section 65B certificate for online content—were untenable. Crucially, the High Court held that when evidence is sourced from third-party online articles, the applicant cannot be required to produce a Section 65B certificate, thereby paving the way for the mark's acceptance.
Future Gaming And Hotel Services Pvt. Ltd. v.India G6 Hospitality Ip Llc
The Madras High Court set aside an adverse order passed by the Intellectual Property Appellate Board (IPAB) that had removed a trademark belonging to Future Gaming And Hotel Services Pvt. Ltd. The petitioner successfully argued that the IPAB's decision was ex parte, having been passed without affording them a proper hearing due to their inability to engage counsel during the COVID-19 pandemic. Consequently, the High Court allowed the writ petition and directed the matter be presented before an appropriate bench for fresh consideration.
Board of Regents, The University of Texas System v.The Assistant Registrar of Trade Marks
The Madras High Court allowed the appeal filed by The University of Texas System regarding the trademark 'cancer and Slash Design'. The court found that the Registrar's previous refusal was unreasoned, failing to consider evidence of use and international registrations. Consequently, the application was accepted for advertisement, provided the university does not claim exclusive rights over the word 'Cancer'.
M/S.Pioneer Bakeries Pvt. Ltd. v.Mr.V.M.Joseph and The Registrar of Trademarks
The Madras High Court disposed of rectification petitions filed by M/S. Pioneer Bakeries Pvt. Ltd. against Mr. V.M. Joseph regarding the trademark 'MILKA'. The court relied on a binding Dispute Settlement Agreement (MOU) dated 18.02.2016, wherein Mr. Joseph acknowledged that PBPL was the true proprietor of 'MILKA' and agreed to end all disputes. Consequently, the Court directed the Registrar of Trademarks to cancel the disputed registrations.
M/s. TIL Healthcare Private Limited v.The Registrar of Trade Marks
The Madras High Court allowed the appeal filed by TIL Healthcare Private Limited, setting aside the Trade Mark Office's refusal to register the mark 'URELOG'. The court found that despite objections based on similarity to existing marks, the appellant successfully demonstrated the distinctiveness of the word mark. By considering the specific derivation of the elements ('URE' from urea/urine and 'LOG' from ketoanalogue) and noting that the mark was not a self-evident fusion, the High Court directed the Registrar to accept the application for advertisement.
Jawan Guarding Services Private Limited v.Senior Examiner of Trade Marks, Intellectual Property Office
The Madras High Court overturned the Senior Examiner's objections against Jawan Guarding Services Private Limited's trade mark applications. The court found that the device mark was inherently distinctive and disregarded the examiner's narrow focus on the words alone. Consequently, the appeals were allowed, directing the acceptance of the mark for advertisement, provided the appellant does not claim exclusive rights over its constituent words when used individually.
M.S.Earthevents (I) Private Limited v.Assistant Registrar of Trade Marks
The Madras High Court set aside an administrative order that had removed a registered trademark (No. 1249884) from the register. The appellant successfully argued that the Registrar of Trade Marks failed to comply with mandatory procedural requirements, specifically by not issuing the required notice (Form O-3) to the proprietor before taking action. Consequently, the court allowed the appellant to take necessary steps for the renewal of their trademark.
N.C.Nanu v.The Registrar of Trade Marks
The Madras High Court allowed a writ petition filed by N.C.Nanu, whose trademark application for 'PAYYOLI MIXTURE' was deemed abandoned by the Registrar of Trade Marks. The court held that the petitioner had complied with Section 21(2) of the Trademarks Act, 1999, as the initial counter statement was filed within the stipulated two-month period from receiving the notice of opposition. The High Court quashed the abandonment order and directed the Registry to consider the application on its merits.
Spalon India Pvt. Ltd. v.Roopa Lakshmi Bhat; The Registrar of Trademarks
The Madras High Court allowed Spalon India Pvt. Ltd.'s application for rectification against Trademark No. 2280919. The court noted that the last registration of the mark had expired on February 10, 2022, making its continued presence in the Register invalid. Consequently, the Registrar of Trademarks was directed to remove the entry from Classes 3, 41, and 44 within four weeks.
World Animal Protection v.The Examiner of Trade Marks
The Madras High Court overturned the Trademark Examiner's rejection of World Animal Protection's device mark application. Although the court acknowledged that the individual words are descriptive, it ruled that when considered as a composite device mark, the registration was sufficiently distinctive to warrant protection. The appeal was allowed, allowing the trademark application to proceed to advertisement, provided the appellant does not claim exclusive rights over the constituent words.
Frenway Products Inc. v.The Assistant Registrar of Trademarks
The Madras High Court overturned a refusal of trademark registration granted by the Assistant Registrar. Frenway Products Inc., seeking to register a device mark for handtools, challenged the objections raised under Sections 9 (lack of distinctiveness) and 11 (likelihood of confusion). The court found the Section 9 objection untenable, noting the mark was not generic or descriptive. Furthermore, it noted that the cited conflicting mark had lapsed, allowing the application to proceed to advertisement.
Insta Rooms Private Limited v.The Senior Examiner of Trade Marks
The Madras High Court overturned a rejection of Insta Rooms Private Limited's device mark application. The Examiner had objected that the mark was highly descriptive of temporary accommodation services. However, the court ruled that when considered as a whole—including the visual elements (bed and lamp) alongside the words 'Insta Rooms Book Instantly'—the mark possesses sufficient distinctiveness to overcome the Section 9 objections. The registration was allowed, though with a caveat limiting the appellant's exclusive rights over the individual words 'insta' or 'rooms'.
CCL Product (India) Ltd. v.The Registrar of Trade Marks
The Madras High Court set aside the Registrar's refusal to register CCL Product's device mark 'CONTINENTAL WITH TWO COFFEE BEANS AT THE TOP.' The court found that the initial rejection failed to adequately consider the appellant's prior registrations and use, particularly across both Class 30 (beverages) and Class 11 (appliances). While allowing registration to proceed, the Court imposed a limitation on its use in Class 11, restricting it specifically to beverage vending and dispensing machines.
British Engines (UK) Limited v.The Assistant Registrar of Trade Marks
The Madras High Court allowed British Engines (UK) Limited's appeal against the Trade Marks Registry's refusal of its mark. The court found that the Registrar's decision was unsustainable because it failed to adequately address the appellant's arguments regarding the device nature and international use of the mark. Consequently, the application was permitted to proceed to advertisement, though with a crucial caveat: the appellant cannot claim exclusive rights over the individual words 'British' or 'Engines'.
Sri.Hitesh Chouhan, Proprietor M/s.Metro Marketing v.Sri.Ganapathlal, Proprietor M/s.Jaya Stationery
The Madras High Court allowed the petition seeking the cancellation of the trademark 'LEO' registered by Sri.Ganapathlal. The court found that the respondent adopted a near-identical mark for identical goods (rubber bands), and this adoption was deemed dishonest and fraudulent, especially given prior undertakings to change the branding. Consequently, the registration certificate was cancelled, maintaining the purity of the trademark register.
M/s.VP Enterprises v.Assistant Registrar of Trade Marks
The Madras High Court allowed M/s.VP Enterprises' appeal, overturning the Senior Examiner's rejection of their trade mark registration application (3894824). The court found that despite objections citing conflicting marks under Section 11(1), the appellant's composite mark was distinctive and distinguishable from the cited marks. Furthermore, evidence of prior use and an existing registration for an identical device in relation to the same services supported the appeal. Consequently, the application was directed to proceed to advertisement.
United Biotech Private Limited v.Sun Pharma Laboratories Limited
The Madras High Court allowed United Biotech Private Limited's petition seeking the removal of the trade mark 'ONCONASE' (No. 447044) registered in favour of Sun Pharma Laboratories Limited. The court found that the mark had not been used since its registration, thereby satisfying the grounds for cancellation under Section 47 of the Trade Marks Act, 1999. Consequently, the Registrar was directed to remove the entry from the Register within four weeks.
Feroke Boards Limited v.Universal Hardware
The Madras High Court allowed rectification petitions filed by Feroke Boards Limited against Universal Hardware and the Registrar of Trademarks. The court found that the petitioner had prior use rights for marks like 'FERO' and 'FEROPLY' since 1990, in a near-identical business sector (boards and construction materials). Despite the respondent's attempt to distinguish their composite marks by adding initials ('MK'), the court ruled that this adoption was not honest and was likely to cause consumer confusion. Consequently, the infringing trademark entries were removed from the register.
M/s.Sree Krishna Pipes v.M/s.Premier PVC Industry
The Madras High Court allowed M/s. Sree Krishna Pipes' petition, directing the removal of a conflicting trademark registration (No. 1120546) held by M/s. Premier PVC Industry. The court found that despite minor spelling differences ('PREMIER' vs 'Preemier'), both marks were used for identical goods—PVC pipes—and their near-identical nature was highly likely to cause confusion and deception among consumers. This ruling reinforces the principle of preventing consumer confusion in trademark law, even when slight variations exist.
Paymate (India) Private Limited v.Paymate Pty Limited; The Deputy Registrar of Trade Marks, The Trade Marks Registry, Chennai
In a significant ruling, the Madras High Court disposed of an Original Petition filed by Paymate (India) Private Limited seeking to strike off a specific trademark registration. The court found that Trademark No. 1960699 was no longer in force because its last renewal date had expired on May 5, 2020, and the long stop period for restoration had passed. Consequently, the Court directed the Deputy Registrar of Trade Marks to cancel the certificate and remove the entry from the Register.
M/s. Goldmedal Electricals Pvt Ltd. v.The Registrar of Trade Marks
The Madras High Court allowed an appeal filed by M/s. Goldmedal Electricals Pvt Ltd., setting aside an order that had deemed its opposition to a trademark application abandoned. The core issue revolved around whether a communication sent to the Mumbai office, despite being addressed to the Chennai Registry, constituted substantial compliance with the Trade Marks Rules. The court ruled in favor of the appellant, finding that there was sufficient compliance and remanding the matter for fresh consideration on merits.
Pfizer Products Inc. v.R. Hanumantha Rao
Pfizer Products Inc. successfully petitioned the Madras High Court to expunge the registration of the trademark VECOREX (No. 980006) from the register. The court noted that the mark had not been renewed since December 29, 2020. Consequently, the court directed the Registrar of Trademarks to remove the entry within four weeks, effectively clearing the mark for potential use by the petitioner.
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