India Patent Cases
4,815 decisions indexed
Page 11 of 161 · 4,815 total
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 Vishwanath Padmanabhan challenged the Patent Office's decision to deem his invention application withdrawn under Section 11B(4) due to a technical uploading error in the e-filing portal.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.
Incyte Holdings Corporation v.Zydus Lifesciences Limited
The Delhi High Court passed several orders in CS(COMM) 1356/2025. The court granted exemption from pre-institution mediation due to the urgent nature of interim relief, allowed applications for discovery and additional documents, and addressed an ad-interim injunction request.
Kannan Gopalakrishnan v.Controller of Patents
Kannan Gopalakrishnan challenged the proceedings of the Controller of Patents, arguing that his patent application for 'Solar Supplemental Power Source' was rejected and subsequently his review petition was dismissed without giving him a fair hearing opportunity. The petitioner sought to demonstrate the working prototype before the Patent Office.
Baldev Raj v.Brothers Tobacco & Ors.
The Delhi High Court granted Baldev Raj limited permission to introduce registered trademark certificates into the ongoing passing off suit against Brothers Tobacco. This relief was contingent upon a strict clarification: the Petitioner could not use these documents to convert the cause of action from passing off to infringement. The court emphasized that since the Petitioner possessed these registration details prior to framing issues, they must adhere strictly to the original claim of passing off.
Gibraltar (Uk) Limited v.The Registrar Of Trade Marks
Gibraltar (Uk) Limited appealed the rejection of its trademark application for 'PROMAX' under Class 31, arguing that it was a prior user and should be accepted despite objections based on similarity to existing marks. The Madras High Court upheld the Registrar's decision, finding that the appellant’s mark was deceptively similar to cited marks already registered in the same class. The court emphasized that registering the single word 'PROMAX' would create an undue monopoly over a common formative mark.
R P Scherer Technologies Llc v.The Patent Office of India
The petitioner challenged the rejection of its Indian Patent Application (No. 202127050600) by the Assistant Controller on grounds of lacking inventive step. The core issue was whether the claimed formulation for oral delivery of poorly permeable proteins/peptides was non-obvious over cited prior art. Given the technical nature, the Court appointed a Scientific Advisor to render an opinion.
Dasaprakash Restaurant And Ice Cream Parlour Pvt.Ltd. v.The Deputy Registrar of Trademarks
The Madras High Court dismissed an appeal filed by Dasaprakash Restaurant and Ice Cream Parlour Pvt.Ltd., which sought to record its rights as a subsequent proprietor of the 'Dasaprakash' trademark. The court upheld the Trademark Registry's rejection, ruling that the transfer agreement was void ab initio because it was executed while the original proprietor, Balakrishna Rao, was legally incompetent due to insolvency proceedings. Furthermore, the court emphasized that since the mark was a family mark jointly owned by legal heirs, no single proprietor could unilaterally transfer rights.
Rajput Jewellers Pvt Ltd v.Union Of India
The Delhi High Court addressed a petition filed by Rajput Jewellers Pvt Ltd challenging an ongoing complaint lodged against it by a third party regarding trademark ownership. The petitioner sought interim relief to prevent adverse orders from the Regional Director, Northern Division. While dismissing the apprehension of arbitrary action, the court issued a crucial direction, mandating that the Regional Director must dispose of the Section 16(1)(b) complaint after thoroughly considering all submissions and granting a proper hearing to all concerned parties.
Prabin Kumar Shah v.Manoj Kumar Jagnani And Ors
The Calcutta High Court heard an application for rectification filed by Prabin Kumar Shah seeking cancellation of Trademark No. 1553036 in Class 30. The court noted that the respondent's mark appeared to be slavishly imitating the petitioner's mark. Given the respondent's proposal to change the impugned mark (in color and font), the Court granted them an opportunity to revise it, while also directing them to adhere to a prior binding decree from the District Court at Bokaro.
Koninklijke Philips N.V. v.M/S Electrical Master
Philips filed a suit against Electrical Master for infringing its registered trademarks (PHILIPS), copyrights, and design rights concerning its Advanced Beard Trimmer Series 3000. The court found in favor of Philips, granting permanent injunctions, damages, and costs.
Italfarmaco Spa v.Deputy Controller of Patents & designs
Italfarmaco Spa filed an appeal challenging a previous order by the Deputy Controller of Patents & Designs rejecting the grant of patent for Application No.10810/CHENP/2012. The High Court examined whether the Original Side Appeal was maintainable under Clause 15 of Letters Patent, considering the provisions of the Commercial Courts Act.
Italfarmaco Spa v.Deputy Controller of Patents & Designs
Italfarmaco Spa filed an appeal challenging the order passed by the Single Judge of the High Court of Madras. The core issue was whether this Original Side Appeal (OSA) was maintainable under Clause 15 of the Letters Patent, given that the original matter involved a rejection of patent grant under Section 15 of the Patents Act, 1970. The court held that since an appeal mechanism already existed under Section 117A of the Patents Act, the intra-Court Appeal under Clause 15 was not maintainable.
Trutzchler Gmbh And Co Kg Limited v.The Controller General Of Patents
The appellant challenged the rejection of their patent application (No. 1250/KOL/2009) based on alleged lack of inventive steps. The appeal argued that the Controller reintroduced this objection suo moto, violating natural justice principles and contradicting earlier notices where the objection had been waived.
Trutzchler Gmbh And Co Kg Limited v.The Controller General Of Patents
The appellant challenged the Controller's decision to reject its patent application (1250/KOL/2009) primarily on grounds of lacking inventive steps. The appellant argued that the reintroduction of this objection after amendments and previous hearings violated natural justice principles. The High Court found that the procedure was against the scheme of the Act, setting aside the rejection order.
Novo Nordisk A/S v.Dr Reddys Laboratories Limited & Anr.
Novo Nordisk A/S appealed an order where a Single Judge found infringement and granted limited relief to Dr Reddys Laboratories Limited. The appeal centers on whether the suit patent (IN 2626971) is vulnerable to invalidity under Section 64 of the Patents Act, given that the learned judge found the claim obvious from prior art.
Italfarmaco Spa v.Deputy Controller of Patents & designs
Italfarmaco Spa filed an appeal challenging the order passed by the Single Judge of the High Court of Madras. The core issue was whether this Original Side Appeal (OSA) was maintainable under Clause 15 of the Letters Patent, given that the underlying matter involved a decision made under Section 117A of the Patents Act, 1970. The court held that since the Commercial Courts Act is a special enactment and provides specific appeal mechanisms, the intra-Court Appeal under Clause 15 was not maintainable.
Docbel Industries & Anr. v.Braun Aktiengesellschaft
The Delhi High Court disposed of the dispute between Docbel Industries and Braun Aktiengesellschaft based on a comprehensive settlement agreement. The court accepted the compromise, which involved the formal assignment of Trademark registration no. 405367 (the mark BRAUN) from Appellant No. 2 to the Respondent. Furthermore, the parties agreed to the handover of all related documents and financial considerations, effectively resolving the underlying litigation.
Ultratech Cement Limited v.Dalmia Cement Bharat Limited
The Bombay High Court addressed the trademark infringement suit filed by Ultratech Cement against Dalmia Cement Bharat. The court formally framed seven key issues, including whether the defendant's use of 'DALMIA ULTRA' infringes upon Ultratech's registered trademarks and whether there is an act of passing off. This judgment sets the stage for detailed evidence presentation, directing the plaintiff to file affidavits within four weeks.
Titan Company Limited v.The Controller of Patents & Designs
Titan Company Limited appealed the rejection of its patent application for 'A Jewellery Assembly' by the Controller of Patents & Designs. The Controller rejected the application, stating that the claims fell under Section 3(l) and were suitable for design registration rather than a patent. The High Court set aside the impugned order, finding that the respondent failed to consider the appellant's technical submissions.
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.
J S F Holdings Pvt Ltd v.Assistant Registar Of Trade Marks And Gi & Anr.
The Delhi High Court successfully mediated and settled disputes concerning trademark opposition appeals. Following a successful settlement agreement, the court disposed of the appeals and decreed the underlying suit based on the mutually agreed-upon terms. This judgment highlights the effectiveness of judicial mediation in resolving complex IP conflicts efficiently, allowing parties to achieve tailored resolutions rather than proceeding through lengthy litigation.
Krbl Limited v.Vikram Roller Flour Mills Limited
The Delhi High Court addressed an appeal challenging the denial of interim injunction regarding the trademark 'INDIA GATE'. The court analyzed a prior consent order between the parties, which restricted usage based on product type and packaging size. While acknowledging the Appellant's claim as a well-known mark, the court ruled that if the Respondent's right to use 'dalia' flows from its existing rights for wheat products (atta, suji, etc.), it must adhere to the B2B/bulk sales restriction of 20 kgs and above. This interim order maintains the status quo while the core dispute over prior user rights remains sub-judice.
Ms Sapco Laboratories Private Limited v.The Registrar of Trademarks & Glenmark Pharmaceuticals Limited
The Madras High Court heard an appeal challenging the refusal by the Trademark Registry to grant registration for 'BREMONT-L' due to opposition from Glenmark Pharmaceuticals ('GLEMONT'). The court acknowledged the appellant's arguments regarding common industry usage (e.g., the suffix 'MONT') but refrained from making a final decision on the merits of similarity. Instead, the High Court set aside the Registry's order and remitted the matter back for fresh examination, allowing the appellant to submit additional evidence while ensuring the opponent gets a chance to respond.
Incyte Holdings Corporation v.Natco Pharma Limited
The suit was filed by Incyte Holdings Corporation seeking permanent injunction against Natco Pharma Limited for infringing Indian Patent No. IN269841, which covers the compound 'Ruxolitinib'. During the proceedings, the defendant stated that they have not commercialized any infringing product and their activities are covered under Section 107-A of the Patents Act, 1970.
Parveen Kumar Gulati Trading As Apexseals v.Registrar Of Trademarks
The Delhi High Court addressed a Writ Petition filed by Apexseals challenging the removal of its trademark application (No. 746049) without issuing the mandatory statutory notice under Section 25(3) of the Trade Marks Act, 1999. The petitioner argued that this procedural lapse violated established rules. Following arguments from both sides, the Court issued a notice to the Registrar of Trademarks and granted time for filing a Counter Affidavit, indicating the matter will proceed through formal litigation.
Ohr Laboratory Corporation v.Gasion Airtech Private Limited & Ors
The Delhi High Court granted an ad interim injunction in favor of Ohr Laboratory Corporation against Gasion Airtech Private Limited & Ors. The court found that the Plaintiff had made out a prima facie case, irreparable harm would result without intervention, and the balance of convenience favored the Plaintiff. Defendants are now restrained from using the 'OHR' mark or similar names/model numbers, as well as from reproducing copyrighted brochure elements.
S Birpal Singh v.Pawandeep Singh Walia Trading As Pawandeep Singh and Company & Ors.
The Delhi High Court addressed a preliminary objection raised by the respondent regarding the procedural form of a petition seeking cancellation of four registered trademarks (AKALI PATRIKA). The respondent argued that Section 57 of the Trade Marks Act requires separate petitions for each mark. The petitioner countered, offering to deposit additional court fees or file multiple petitions. The Court found the petitioner's suggestions reasonable and directed the respondent to take instructions before listing the matter again.
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