TRADEMARK — India Patent Cases
719 decisions indexed
Page 1 of 24 · 719 total
Gloster Limited (SRA) v.Gloster Cables Limited & Ors.
The Supreme Court addressed a complex dispute regarding the ownership and status of the trademark 'Gloster' within the context of insolvency proceedings (IBC). The core issue was whether the trademark, which had been assigned to Gloster Cables Limited (GCL), remained an asset of the Corporate Debtor. The Court ultimately set aside the Adjudicating Authority’s finding that the trademark belonged to the Corporate Debtor, but clarified that this ruling did not definitively resolve the underlying title dispute between the parties. This judgment highlights the limitations of insolvency forums in adjudicating complex intellectual property ownership claims.
Mandeep Singh v.Shabir Momin & Anr.
The Delhi High Court addressed several applications related to the rectification and cancellation of trademarks associated with 'Instant Bollywood.' While the court found that the petitioner had suppressed material documents indicating prior knowledge of the trademark registrations, it chose not to dismiss the interim injunction application. Instead, the court entertained the injunction but imposed a significant cost of Rs. 5 lakhs on the petitioner for the non-disclosure.
Somany Ceramics Limited v.Hsil Limited And Anr.
The Calcutta High Court allowed an application filed by Somany Ceramics Limited seeking the removal and cancellation of a specific registered device mark, 'A Somany Enterprise,' belonging to Hsil Limited. The core ground for the relief was non-use, as the applicant successfully argued that the respondent had never commercially used the impugned mark in relation to the goods specified under Class 16. Given the respondents' concession regarding the lack of commercial use, the court directed the removal of the mark from the Trade Marks Register.
Christian Louboutin Sas & Anr. v.Krishna Alias Tinku & Anr.
In a significant ruling concerning trademark infringement, the Delhi High Court granted several procedural exemptions to Christian Louboutin Sas & Anr. while simultaneously granting urgent interim relief. The court exempted the plaintiffs from mandatory pre-institution mediation due to the urgency of the matter. Crucially, the court appointed a Local Commissioner and directed an inspection of the defendants' premises to investigate alleged infringement, setting the stage for further litigation.
Bennett Coleman And Company Limited (Sr) v.Sony Ericsson Mobile Communications Ab and Anr.
The Calcutta High Court allowed an application for rectification, expunging a trademark registration held by Sony Ericsson Mobile Communications AB. The petitioner, Bennett Coleman And Company Limited, successfully argued that the registered mark had never been genuinely used since its inception in 2007. Relying on Section 47 of the Trademarks Act, 1999, the court found that the continued presence of the unused mark constituted a wrongful and erroneous entry, thereby favoring the petitioner's claim to prior rights.
Indian Express And Commercial Ventures and ... v.Fundamental Hospitality Private Limited and ...
The Bombay High Court dismissed the Plaintiff's interim application seeking to restrain the Defendants from using the mark 'HOM'. The court found that the Plaintiff failed to establish a prima facie case for trademark infringement and passing off. Key factors included the lack of sufficient evidence demonstrating substantial goodwill associated with the acronym 'HOM', the distinct calligraphy used by the Defendant, and the fact that both restaurants cater to discerning customers in premium segments, making confusion unlikely.
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.
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.
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.
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.
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.
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.
Frankfinn Aviation Services (Pvt.) Ltd. v.M/S Fly High Institute & Ors.
The Delhi High Court granted an ex parte ad interim injunction in favor of Frankfinn Aviation Services against M/S Fly High Institute & Ors. The court found that the Defendant's use of marks like 'FLY HIGH INSTITUTE' was deceptively similar to the Plaintiff's registered trademark 'FLY HIGH'. Given the high reputation and goodwill associated with the Plaintiff's mark, the court held that immediate restraint was necessary to prevent irreparable harm from infringement and passing off.
Ykk Corporation v.Kc Sapra & Ors.
In a significant settlement order, the Delhi High Court decreed the suit in favor of Ykk Corporation against Defendant No. 3 based on an amicable agreement reached during litigation. The defendant admitted to the plaintiff's trademark and trade dress rights (including 'YKK'), agreed not to use deceptively similar marks or counterfeit goods, and committed to handing over seized infringing products. Furthermore, the settlement included a payment of damages/costs by the defendant and established strict compliance mechanisms, including future audits.
Akashdeep Enterprises Through Lrs & Anr v.Ella Foundation
The Delhi High Court granted an interim injunction in favor of Akashdeep Enterprises against Ella Foundation. The suit, filed under the Trademark Act, sought protection against groundless infringement threats. The court found that the likelihood of confusion between the parties' distinct goods (household products) and services (medicine/research) was minimal. Consequently, the Defendant was restrained from taking coercive steps, such as de-listing Plaintiffs' products on e-commerce platforms, until the final hearing.
Vivek Verma & Ors. v.The Registrar Of Trademarks & Anr.
The Delhi High Court granted a stay on the registration of the trademark 'PALANG TORE MARD CHOURI PATTI' in favor of Vivek Verma & Ors. The court found that the Impugned Mark is identical or deceptively similar to the Appellant's existing marks, particularly considering the nature of the goods (chewing tobacco/gutkha) and the consumer base (illiterate sections). This decision highlights the high risk of market confusion when identical marks are used for related products.
Abdul Rahim Khalilur Rehman v.Abdul Karim Khalilur Rehman
The Bombay High Court addressed two Commercial Arbitration Petitions concerning a dispute over the dissolved partnership firm's assets, specifically the 'Moulvi' trademark. The core issue was whether third parties (Respondent Nos. 3 and 4) could be bound by the ongoing arbitration proceedings against Respondent No. 1. The court ruled that instead of granting immediate relief, it converted the petitions into Section 17 applications, directing the Petitioner to raise the 'alter ego' doctrine before the Arbitral Tribunal itself. This allows the tribunal, guided by Supreme Court precedent, to determine if the third parties are bound by the existing arbitration agreement.
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. Sudhakar Pvc Products Pvt. Ltd. v.Mahendra Pratap Singh
The Madras High Court closed Original Petition (Trade Marks) No. 58 of 2025 after both parties reached a settlement. The petitioner, M/S. Sudhakar PVC Products Pvt. Ltd., sought to remove or rectify the registration of trademark no. 6322916 in Class 17. The first respondent, Mahendra Pratap Singh, agreed to the removal via an undertaking submitted to the court. Consequently, the Registrar of Trademarks was directed to make the necessary corrections within four weeks.
Provogue India Private Limited v.Harish Kumar Dhawan & Ors.
The Delhi High Court allowed Provogue India Private Limited to proceed with its trademark infringement suit against Harish Kumar Dhawan & Ors., granting exemptions from mandatory pre-litigation mediation and advance service. The court recognized the urgency of the matter, noting the risk that defendants might conceal or suppress their infringing operations. Furthermore, the court directed a local commission inspection to gather evidence regarding the alleged deceptive trade mark use in the manufacturing and sale of leather goods.
Jyoti Sharma (Trading As Akhand Bharat Enterprises) v.The Registrar of Trade Marks
The Delhi High Court allowed Jyoti Sharma's appeal against the Registrar of Trademarks' refusal to register a device mark. The court found that the original refusal order contained significant factual errors, incorrectly characterizing the application as a word mark for services when it was actually a device mark for goods in Class-9. Consequently, the matter was remanded back to the Registrar for fresh consideration, without prejudging the merits of the registration claim.
Ashim Kumar Ghosh v.The Registrar Of Trade Marks
The Delhi High Court allowed an appeal filed by Ashim Kumar Ghosh against the Registrar of Trade Marks' refusal to register the mark 'SoEasy'. The core issue was whether the mark, used for instructional and teaching material, possessed sufficient distinctiveness. The court ruled that 'SoEasy' is a suggestive mark—requiring consumers to use imagination and thought to connect it to educational products—and therefore qualifies for protection under the Trade Marks Act. Consequently, the Registrar was directed to proceed with the registration of the mark.
Sudeep Gupta v.Registrar Of Trademarks Trademarks Registry New Delhi
The Delhi High Court granted a stay on the cancellation of Sudeep Gupta's trademark registration (No. 4684988) during the pendency of his appeal. The Appellant challenged the cancellation, which was based on Section 9(1)(b) of the Trade Marks Act, arguing that his mark is a composite mark and therefore exempt from the 'exclusivity' requirement. The Court found a prima facie case in favor of the Appellant, citing precedent that limits the application of Section 9(1)(b) to non-composite marks.
Surya Nataraj Sharma v.Ibibo Group Pvt Ltd.
The Karnataka High Court dismissed a Civil Revision Petition filed by Ibibo Group Pvt Ltd. against an order that allowed the trademark suit to proceed. The core dispute involved whether the plaintiff, who was a booking agent, could maintain a trademark infringement and declaration suit despite alleged non-compliance with Section 93 of the Motor Vehicles Act. The Court held that the question of trademark misuse is a matter for trial, and the plaintiff's right as a registered owner would not be negated by his status as an unregistered booking agent.
Irish Distillers International Limited v.Stardford Spirits Pvt Ltd & Anr.
The Delhi High Court granted a rectification petition filed by Irish Distillers International Limited, leading to the cancellation of the 'BLUE SPOT' trademark registration held by Stardford Spirits Pvt Ltd. The court found that the respondent had failed to demonstrate bona fide use of the mark for over five years from its grant date. Given the lack of market presence and unrebutted evidence of non-use, the court ruled in favor of the petitioner, reinforcing the statutory grounds for trademark removal.
Kikli Hospitality Pvt Ltd v.The Registrar Of Trade Marks And Anr
Kikli Hospitality Pvt Ltd filed a petition seeking the rectification of a trademark registration (TM Application no. 4287348) held by Respondent No. 2, alleging non-use of the mark for over five years in Class 43. The petitioner presented evidence suggesting that the registered party lacked necessary operational licenses and was not conducting services under the impugned mark. The Delhi High Court accepted the petition and issued directions to serve notice upon all parties before listing the matter for final adjudication.
Ms.Nischitha S Katta, Proprietor of SatvaDaily v.The Registrar of Trade Marks
The Madras High Court addressed writ petitions filed by Ms. Nischitha S Katta seeking a direction to the Registrar of Trade Marks to recognize her as the subsequent proprietor of the trademark 'SATVADAILY'. The petitioner sought the completion of assignments across various classes (29, 30, and 31) based on an Assignment Deed dated December 9, 2024. After considering the respondent's submission that they had already initiated the process, the Court closed the petitions but issued a clear directive to the Registrar to finalize the assignment exercise within eight weeks.
Smt. Reena Paltani And 3 Others v.M/S K.K. Tobacco Co. And 2 Others
The Allahabad High Court set aside a Commercial Court's rejection of an interim injunction application in a trademark infringement suit involving tobacco products. The petitioners argued that the respondents were infringing their registered trademarks ('KK99'/'KK 99') despite having a different registration ('V99K'). The court allowed the exemption from pre-litigation mediation and directed the lower court to urgently decide on the interim injunction and receiver appointment, recognizing the urgency of preventing further infringement.
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