Executive Summary
The Madras High Court set aside a previous rejection order, allowing M/s. Godfrey Phillips India Limited to successfully challenge the registration of 'Khoday's Red & White'. The court found that the appellant possessed a well-known trademark used since 1940 for cigarettes, and crucially noted the prolonged non-use of the mark by Khoday India Limited from its application date in 1995. This decision reinforces the importance of continuous use and reputation when challenging subsequent registrations.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in patent matters before Madras High Court. Understanding the court's reasoning in M/s. Godfrey Phillips India Limited vs Khoday India Limited is valuable context for structuring arguments or assessing risk in similar proceedings.
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