TRADEMARK — India Patent Cases
719 decisions indexed
Page 10 of 24 · 719 total
Salish Sham Viswan v.Singing Artists Association Kerala
The Kerala High Court ruled in favor of Salish Sham Viswan, who held a trademark registration for 'Singing Artists Association Kerala.' The court set aside an administrative rejection that claimed jurisdiction was lacking because the petitioner's entity was assumed to be registered under the Charitable Societies Act. The judgment clarified that the core issue is whether the name and logo are protected by the Trade Marks Act, allowing the Registrar to reconsider the complaint regarding potential infringement by the respondent.
Narinder Kumar M/S Kundan Trading Company v.Surinder Pal M/S Kundal Industries
This Delhi High Court order addresses a petition seeking the rectification and removal of the 'KRANTI' trademark, which was registered in favor of the respondent. The case faced significant procedural hurdles due to the death of the original respondent and subsequent difficulties in locating legal representatives. Given the complex status of the parties, the court issued notices to the former counsel and the trademark agent to determine if any family members claim rights to the impugned mark.
Amit R Gowda v.C.Kiran Trading As A And A Fitness Training Center; The Registrar of Trademarks
The Madras High Court dismissed the petition filed by Amit R Gowda seeking the cancellation and rectification of Trademark No. 3065086 in Class 41. The court noted that the Registry's notice to the petitioner was returned as undeliverable, making it difficult for the court to proceed with the matter. Although the petition is closed, the petitioner retains the right to revive it upon receiving proper notification.
Usha International Limited v.Rex Global Limited & Anr
In a trademark dispute concerning the mark 'BUTTERFLY', the Delhi High Court allowed Usha International Limited (Plaintiff) to introduce crucial additional evidence. This decision was made in response to Rex Global Limited's (Defendant) allegations that the Plaintiff lacked proprietary rights and concealed material facts, specifically referencing an earlier adoption of the mark by a Chinese entity. The court recognized the necessity of these documents—ranging from Trade Marks Office reports to records from the Chinese Chamber of Commerce—for a comprehensive adjudication of ownership claims.
Oikos S.P.A. v.Oikos India Pvt Ltd & Anr.
In a dispute over the use of the 'OIKOS' brand, Oikos S.P.A. filed suit against Oikos India Pvt Ltd alleging trademark infringement after its business relationship was terminated. The Defendants contested the claim, challenging the Plaintiff's ownership rights and citing an existing written agreement allowing stock sales. The Delhi High Court addressed the interim injunction application by appointing a Local Commissioner to conduct a thorough inspection of the Defendant's premises, specifically to determine if the infringing products were made from materials supplied by the Plaintiff.
The Bull Hospitality v.The Registrar of Trade Marks
The Madras High Court allowed The Bull Hospitality's appeal, setting aside the Trademark Registry's refusal to register its mark 'THE BULL' (Device). The court held that while the word 'Bull' alone lacks distinctiveness, the accompanying device provided sufficient distinctiveness for registration under Class 43. The Registrar was directed to complete the registration process promptly.
Mansoor Ahamed v.The Registrar of Trade Marks
The Madras High Court allowed Mansoor Ahamed's appeal against the Registrar of Trade Marks' refusal to register his trademark 'ATTITUDE' under Class 25. The court found that the appellant's mark was inherently distinctive, possessed a unique graphical representation, and had established international recognition and market presence. Consequently, the matter was remanded back to the Registry for fresh consideration in light of the High Court's observations.
M/s.D.R.Raanka Bros v.Mr.Sumti A.Challani & M/s.Challani Ranka Jewellery
The Madras High Court allowed petitions filed by M/s. D.R. Raanka Bros seeking rectification of registered trademarks held by Mr. Sumti A. Challani and M/s. Challani Ranka Jewellery. The court found a 'striking similarity' between the petitioner's established marks (D.R./D.R.Raanka Bros) and the respondent's newly registered marks (C.R.J., C.R.), which were obtained after 2003. Consequently, the Registrar of Trade Marks was directed to rectify the register within three weeks.
Smt. Uma Rathi v.Keshavdeep Iron Traders Pvt. Ltd.
Smt. Uma Rathi initiated proceedings in the Delhi High Court seeking the cancellation of the trademark 'Ratni Power' registered by Keshavdeep Iron Traders Pvt. Ltd., citing grounds under Sections 9, 11, and 18 of the Trade Marks Act, 1999. The court granted exemptions for filing certain documents while simultaneously directing that notice be issued to the respondents. This marks the formal commencement of litigation challenging the validity and registration of the disputed trademark.
M/S.Wensar Weighing Seales Limited v.The Tintometer Limited
The Madras High Court dismissed the petition filed by M/S. Wensar Weighing Seales Limited against The Tintometer Limited. The petitioner had sought to remove and expunge the trademark registration 'TINTOMETER' from the register, citing grounds of wrongful registration or non-use. However, due to the petitioner's failure to appear before the court on two successive occasions, the petition was dismissed for default.
Sfp Sons India Private Limited v.Mr. Jitender Singh
The Madras High Court addressed a suit filed by Sfp Sons India Private Limited concerning the alleged infringement and passing off of its registered trademark 'JASS' by Mr. Jitender Singh, trading as M/s. Sri Vidhiya Agencies. The court found that the defendant was liable for infringing the plaintiff's rights through the use of deceptively similar marks like 'JAAS'. Consequently, the court granted a permanent injunction restraining the defendant from further misuse and directed the payment of suit costs to the plaintiff.
M/s.Shambhunath & Bros v.Jai Rajendra Impex Pvt. Ltd.
The Madras High Court dismissed the petitions seeking rectification of trade mark registrations 'THUFAN' in Tamil and Telugu. The petitioner, M/s. Shambhunath & Bros, claimed prior use of the similar mark 'TOOFAN' since 1987, but the court found evidence suggesting that the predecessors-in-title of the respondent were the prior adopter and user. Consequently, the court held that the technical contraventions cited by the petitioner (such as lack of translation or failure to state period of use) were not sufficient grounds for cancelling the existing registrations.
Srinath Kumbargeri Venkatachalappa v.C.A. Shivaram & Anr.
The Delhi High Court addressed several interlocutory applications in trademark disputes involving the brand 'PARIMALA COFFEE'. The court granted exemptions regarding document submission formats, allowing the petitioner flexibility due to logistical constraints. Crucially, the court also allowed the petitioner to file digitally signed and notarized affidavits despite their attorney being abroad, streamlining procedural requirements for complex IP litigation.
P.Sathish Kumar v.Christu Krupa Broadcasting Private Limited
The Madras High Court dismissed the petition filed by P.Sathish Kumar seeking rectification of a trademark entry (No. 4074848 in Class 3). The court noted that the petitioner failed to appear before the court on two successive occasions, leading to the dismissal of the Transfer Original Petition for default.
Nutraceutical Wellness Inc. v.Dhruvil Damajibhai Zadafiya As D D Fashion & Anr.
Nutraceutical Wellness Inc. initiated proceedings before the Delhi High Court seeking the cancellation of a trademark registration held by the respondent. The petitioner argued that their internationally registered and long-standing wordmark, 'NUTRAFOL,' relates to over-the-counter hair growth products. The court accepted the petition and directed the issuance of notice to the respondents, setting the stage for further litigation regarding the validity and use of the mark.
Ads Spirits Pvt. Ltd. v.Shubhom Juneja
The Delhi High Court granted an interim injunction favoring Ads Spirits Pvt. Ltd. against Shubhom Juneja regarding alleged trademark infringement and passing off of whisky. The court found a prima facie case based on the near-identical nature of the trade dresses and packaging used for 'Royal Green' and 'Royal Queen' whiskies, coupled with phonetic similarity between the names. This order temporarily restricts the defendant from introducing further products in the confusing manner.
Yashoda Super Specialty Hospitals & Anr. v.Yashoda Hospital And Research Center Limited & Anr.
The Delhi High Court dismissed an appeal filed by Yashoda Super Specialty Hospitals challenging a Single Judge's order that had set aside a trademark rectification order. The core dispute centered on whether the respondent received proper notice of the rectification proceedings before its trademark was removed from the register. The court ultimately found no error in setting aside the initial review petition, emphasizing that ambiguity regarding service should benefit the party seeking relief.
M/s.Vasanta Bhavan Hotels India Private Limited v.Pugal'n Vasanta Bhavan
M/s.Vasanta Bhavan Hotels India initiated a civil suit against Pugal'n Vasanta Bhavan alleging trademark infringement and passing off regarding the use of similar names in the hotel and food business. The plaintiff asserted extensive goodwill, long-standing usage since 1974, and registered trademarks for 'VASANTA BHAVAN.' Although the defendant was set ex parte, the court proceeded based on the plaintiff's evidence to address claims of deceptive similarity and irreparable harm.
Aryan Educational Society v.C.D. Goyal Foundation
In this trademark dispute, the Delhi High Court addressed several interlocutory applications filed by Aryan Educational Society against C.D. Goyal Foundation. The court allowed the plaintiff's request for an ad-interim injunction notice, noting that the defendant was allegedly using a similar mark ('The Aryan School') in Haryana despite the plaintiff holding a registered trademark. Furthermore, the court formally registered the suit and granted various procedural exemptions to facilitate the ongoing litigation.
M/s.Prestige Estates Projects Ltd v.Prestige Vacations Pvt. Ltd
The Madras High Court addressed a dispute regarding the proper forum for trademark rectification proceedings between Prestige Estates Projects Ltd and Prestige Vacations Pvt. Ltd. The court noted that when an infringement suit is pending, questions concerning the validity of a trademark registration should be handled by the High Court, not solely by the Registrar of Trademarks. Consequently, the court ordered the transfer of all related rectification petitions from the Registrar's office to the High Court for adjudication.
M/s.Sailaksh Trading as Hotel Grand Swagath v.M/s.Hotel Swagath, Dhanturi Group of Hotels Pvt. Ltd.; The Registrar of Trade Marks
The Madras High Court dismissed a Transfer Original Petition filed by M/s.Sailaksh Trading as Hotel Grand Swagath against M/s.Hotel Swagath and the Registrar of Trade Marks. The petition sought to remove or cancel the trademark 'HOTEL SWAGATH' (Device) registered in Class-43. The court noted that the proprietors of the petitioner hotel had passed away, leading to the withdrawal of a related infringement suit by the first respondent. Consequently, the Transfer Original Petition was dismissed as abated, though it can be revived by legal heirs.
M/S.Wensar Weighing Scales Limited v.The Tintometer Limited
The Madras High Court dismissed the Transfer Original Petition filed by M/S. Wensar Weighing Scales Limited against The Tintometer Limited. The petition sought the removal and expungement of two trademark registrations ('Tintometer') based on grounds including wrongful registration and non-use. However, due to the petitioner's counsel failing to provide instructions, the court dismissed the entire petition for default.
Tajinder Soap And Chemicals Pvt Ltd v.The Controller General Of Patents Design and Trade Marks Registry At New Delhi & Ors.
The Delhi High Court allowed a petition seeking cancellation of a trade mark registration, finding that the renewal was administratively irregular and illegal. The court noted that the mark had lapsed in 2007, and despite subsequent public notices offering opportunities for revival, the owner failed to act. Crucially, the court found that the Registry erroneously revived the expired mark after nearly fourteen years through an interlocutory petition, leading to its cancellation.
Kuber Tobacco Products Pvt. Ltd. v.Sangeeta Jaiswal
The Madras High Court closed two Original Petitions filed by Kuber Tobacco Products Pvt. Ltd against Sangeeta Jaiswal regarding the rectification/cancellation of registered trademarks (Nos. 3207838 and 3207840). The parties reached an amicable settlement, leading to the petitioner's agreement that the respondent would proceed with separate applications to cancel the marks. The Court directed the Registrar of Trademarks to expedite the cancellation process.
Amir Biri Factory & Ors. v.Mohd. Aslam
The Calcutta High Court vacated an injunction previously granted to Amir Biri Factory in favor of Mohd. Aslam. The court found that the plaintiff had suppressed material facts, specifically regarding restrictions on their trademark's use and geographical limitations (West Bengal only). Furthermore, the defendant successfully argued they were a prior user operating outside West Bengal, challenging the basis of the injunction. This decision significantly weakens the plaintiff's ability to enforce their registered mark against the defendant.
Drs Educational Society & Ors. v.Registrar Of Trade Marks & Anr.
The Delhi High Court dismissed a writ petition filed by Drs Educational Society challenging the registration of the 'DRS' trademark. The petitioners argued that the registration was erroneous because the applicant had previously withdrawn their application, but the Registrar failed to act on this withdrawal. However, the court held that administrative lapses do not invalidate an accrued statutory right. It emphasized that disputes over trademark validity must be pursued through specific remedies under the Trademarks Act, 1999, rather than via a writ petition.
Pratibha Proprietor Of Lamed India v.Union Of India & Anr.
The Delhi High Court allowed a rectification petition filed by Pratibha Proprietor Of Lamed India against a registered trademark 'LAMED'. The court cancelled the registration (No. 1576720) after noting that one of the respondents, who held the mark, no longer intended to use it. This decision effectively cleared the path for the petitioner to utilize the brand name.
Titan Paints And Chemicals Private Limited v.M/s.Titan Company Limited Integrity
In a trademark rectification case, Titan Paints And Chemicals Private Limited sought to register its mark against an existing registration held by M/s.Titan Company Limited Integrity. Initially, the respondent opposed the petition based on deceptive similarity and infringement concerns. However, during the proceedings, the first respondent withdrew its objection regarding the petitioner's use of the mark under clause 2. Consequently, the Madras High Court directed the Registrar to consider the petitioner's application anew (de novo), effectively clearing the path for registration.
Kalpaka Builders Private Limited v.Intellectual Property Appellate Board
The Kerala High Court dismissed a writ petition filed by Kalpaka Builders Private Limited challenging an order from the Intellectual Property Appellate Board (IPAB). The IPAB had cancelled the petitioner's trademark registration because the mandatory publication only featured the word 'Kalpaka,' while the registered mark was a device mark. The court upheld the IPAB's decision, finding no fault with the order as it merely remanded the matter for fresh consideration by the Trademark Registry.
Jupiter Aqua Lines Limited v.Vtsrn Systems Private Limited & Anr.
The Delhi High Court addressed an application seeking correction in a prior order concerning trademark disputes. The court allowed the petition, correcting an inadvertent error where Respondent No. 2 was incorrectly directed to remove the Petitioner's mark. Instead, the corrected order mandates that Respondent No. 2 must remove the registration of the specific 'JAL' (Device) mark belonging to Respondent No. 1 from the Trademark Register and update its website accordingly.
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.