Shivkumar Shankarrao Thakur & Ors. v. Shiv Biri Manufacturing Co P Ltd & Anr.

180166960

The Delhi High Court dismissed an appeal filed by Shivkumar Shankarrao Thakur & Ors. against a trademark registration granted to Shiv Biri Manufacturing Co P Ltd. The court found that the impugned trademark was not deceptively similar to the appellants' existing trademarks, thereby negating the core grounds of opposition and prior use claims. This ruling reinforces the principle that similarity between marks is paramount in determining infringement or opposition success.

Jurisdiction
India
Court
Delhi High Court
Case Number
180166960
Judge(s)
Vibhu Bakhru

Detailed Summary

of the Paris Local Division of the Unified Patent Court concerning a request for extension of time filed by the Bosch defendants. The judge-rapporteur rejected Bosch's request, finding that a non-redacted version of Valeo's 15 June 2026 filing had been deposited in the CMS simultaneously with the redacted version, and that Bosch had failed to exercise due diligence in accessing it. The court ruled that the deadlines under R.29(d) RdP run from 15 June 2026.

Practitioner Note

This case demonstrates the evidentiary and procedural standards applied in patent matters before Delhi High Court. Understanding the court's reasoning in Shivkumar Shankarrao Thakur & Ors. vs Shiv Biri Manufacturing Co P Ltd & Anr. is valuable context for structuring arguments or assessing risk in similar proceedings.

Related Cases

patent57875303

Sowkhya Way2 Health Private LimitedvsDr.Isaac Mathai; Soukya Indian Holistic Centre Pvt. Ltd.; The Registrar of Trademarks

In a matter concerning the removal and rectification of trademarks, Sowkhya Way2 Health Private Limited filed two petitions against Dr. Isaac Mathai and others. However, citing a prior memorandum of compromise between the parties, the petitioner subsequently withdrew both petitions. The Madras High Court accepted the withdrawal, dismissing the cases without making any ruling on the merits or costs.

patent58302107

UTI Infrastructure Technology and Services Ltd.vsExtra Tech World and Ors.

The petitioner filed a Leave Petition seeking permission from the Bombay High Court under Clause XII of the Letters Patent Act to file a Commercial Intellectual Property Rights Suit against the respondents. The core issue was establishing the court's jurisdiction, given that the infringing websites were accessible across India.

patent13259201

Toyo Aluminium Kabushiki KaishavsAssistant Controller Of Patents And Designs

The petitioner appealed against an order rejecting their patent application ('MULTILAYER BODY AND CONTAINER') due to non-compliance with requirements for inventive step under the Patent Act, 1970. The court allowed a procedural exemption and directed the respondent counsel to file written submissions before listing the matter further.

patent197347914

Daicel CorporationvsThe Controller Of Patents

Daicel Corporation appealed a rejection order passed by the Joint Controller of Patents & Designs regarding its patent application for a disintegrating tablet. The Patent Office rejected the application, citing lack of inventive step under Section 2(1)(ja) of the Patents Act, 1970.

patent100520348

World Animal ProtectionvsThe 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.

Arctic Invent — IP Strategy

Dealing with a patent challenge?

Whether it's a Section 3(d) rejection, a post-grant opposition, or a FRAND dispute, Arctic's patent litigation team has handled it. Get a strategy call.

Talk to our patent team →

Disclaimer: This page contains an automated summary based on publicly available judicial records. The content is generated for informational purposes only and does not constitute legal advice. Always verify details against the original source judgment before relying on this information for any legal purpose. If you believe any information is inaccurate, please contact us.

Strategy Consult

Facing a similar patent matter?

Arctic's litigation team uses precedent data like this to build winning arguments.

Get a Strategy Call