TRADEMARK — India Patent Cases
719 decisions indexed
Page 15 of 24 · 719 total
Gautam Lal Tak v.The Registrar Of Trade Marks
Gautam Lal Tak filed a writ petition against The Registrar of Trade Marks, seeking expediting of his long-pending trademark registration for 'MAHALAXMI BRAND' in Class 29. After seven years of delay, the Rajasthan High Court disposed of the petition by issuing a directive to the Respondent. The court mandated that the Registrar must decide the pending application within six months from receiving the certified copy of the order.
Jindal Industries Pvt Ltd v.Prawesh Agencies Through Its Partners Vikash Singh Ravindra Kumar Singh
The Delhi High Court addressed a trademark infringement suit where the defendant claimed a co-branding arrangement with an affiliate of the plaintiff's group. The court found that the plaintiff failed to disclose this vital co-branding agreement in their plaint, despite being required to attest to full disclosure under the Commercial Courts Act. Consequently, the court noted the breach of procedural rules and directed the plaintiff to place the relevant agreement on record before further proceedings.
Trademark Address v.The Registrar of Trademarks
The Madras High Court addressed writ petitions challenging procedural delays in a trademark opposition case. While the petitioner initially sought to overturn an order rejecting an extension for evidence, the court noted that subsequent events had rendered the original petitions infructuous. Since the petitioner subsequently filed a rectification petition against the registered mark, the court disposed of the initial writs but directed the Registrar of Trademarks to expeditiously consider and decide the pending rectification application.
Resintech Inc v.The Senior Examiner of Trade Marks
The Bombay High Court intervened in a trademark application dispute, setting aside the Senior Examiner's refusal based on the mark being descriptive. The Petitioner argued that the Examiner failed to consider prior submissions regarding the distinctiveness of 'RESINTECH,' including its use by the applicant globally and its combination nature. Consequently, the court remanded the matter back for fresh consideration, ensuring all petitioner arguments are reviewed before a final decision is made.
Pernod Ricard India Pvt. Ltd. v.United Spirits Limited; The Registrar of Trademarks
The Madras High Court dismissed the Original Petition filed by Pernod Ricard India Pvt. Ltd. seeking the removal of the trademark 'Royal Challenge American Pride.' The petition, which sought rectification of Trademark Registration No. 4300764 in classes 32 and 33, was rendered infructuous because the registration had already been suspended prior to the court's decision.
Adidas AG v.Muthu and The Registrar of Trademarks
Adidas AG filed a petition seeking the rectification and cancellation of the trademark registration 'ADIMAS' held by Muthu. However, before the court could rule on the merits of the dispute, both parties reached an out-of-court settlement agreement dated May 30, 2016. Consequently, Adidas sought leave to withdraw its petition, and the Madras High Court dismissed the case as withdrawn without making any order regarding costs.
Comite International Olympique v.S.Kasthuri
The Madras High Court dismissed an Original Petition filed by Comite International Olympique seeking rectification and cancellation of Trademark No. 1108146 in Class 12. The dismissal was based on the fact that the trademark had already expired, having been valid only up to May 30, 2023. The court granted the petitioner leave to re-apply should the mark be restored, allowing them to pursue their claim later.
Raghu Ram Guda v.Kithuru Mohideen
The Madras High Court dismissed a rectification petition filed by Raghu Ram Guda against Kithuru Mohideen and the Registrar of Trademarks. The petitioner sought to cancel Trademark No. 3952456 in Class 2. However, the court noted that the petitioner had subsequently been brought on record as the proprietor of the trademark, rendering the original petition unnecessary and moot.
M/S.J.S.F.Holdings Pvt. Ltd. v.Ms.Revathi Mohandass
The Madras High Court dismissed an Original Petition (Trademarks) filed by M/S.J.S.F.Holdings Pvt. Ltd. The petition sought the removal and rectification of Trademark No. 3712623 in Class 30. However, the petitioner subsequently informed the court that a compromise had been reached in an earlier infringement action, leading to the withdrawal of the current petition. This outcome highlights how prior litigation settlements can directly impact ongoing IP remedies.
Rasila Jain v.Sh.J.Pradeep
The Madras High Court dismissed the Original Petition filed by Rasila Jain seeking to remove or rectify the trademark entry 'TULASI LABEL' (No. 1783252). The court noted that documentation presented indicated the trademark was valid only until February 10, 2019. Consequently, since the mark had expired, no further adjudication was required, and the petition was dismissed as infructuous.
Chivas Holdings (Ip) Limited v.Mcdowell And Company Limited
The Madras High Court allowed Chivas Holdings' petition seeking the removal and rectification of a conflicting trademark registration, 'Tribute,' in Class 33. The court noted that Respondent No. 2 (United Spirits Limited) had filed an application for cancellation of this specific mark. Consequently, the court directed the Registrar of Trade Marks to rectify the register by removing Trademark Registration No. 636945 from the records.
T.G.Arumugam v.T.G.Harigopal
The Madras High Court addressed a petition seeking rectification of the trademark 'UMBRELLA BAND' registration. The court noted that the dispute had been resolved through a joint memorandum of compromise, which was subsequently decreed by a lower court. Consequently, the High Court directed the Trademark Registry to allow applications filed under Form TM-P and Form TM-M, thereby officially recording the petitioner as a joint proprietor alongside the respondent. Furthermore, the registry was mandated to implement the agreed geographical division of territory.
Solera Holdings, Inc. v.Solera Networks Inc.
The Madras High Court dismissed a petition filed by Solera Holdings, Inc. seeking the cancellation of Trademark No. 1795016 registered in the name of Solera Networks Inc. The court noted that the trademark registration had already expired on March 13, 2019. Consequently, since the mark was no longer valid, the petition became infructuous and was dismissed without any order regarding costs.
World Of God Fellowship Inc./d/b/a/Daystar Television Network v.Daystar Television Network India Pvt. Ltd.; Registrar of Trademarks, Trademarks Registry, Chennai
The Madras High Court dismissed a petition seeking the removal and rectification of the trademark 'DAYSTAR TELEVISION NETWORK' from the register. The petitioners argued that the first respondent company had been struck off the Register of Companies and that the impugned trademark ceased to be valid after June 25, 2017. Given these developments, the court found the petition to be infructuous.
M.Raja Mohamed v.The Registrar of Trademarks
The Madras High Court addressed a long-pending writ petition filed by M.Raja Mohamed seeking the restoration of his trademark, 'RAJA SUPARI.' The court did not delve into the merits of the case but issued a Mandamus directing the Registrar of Trademarks to consider the petitioner's representation dated 14.03.2017 and pass appropriate orders within twelve weeks. This order effectively moves the matter forward for substantive consideration by the Trademark Registry.
Groupe Seb India Private Limited v.Sumit Bafna Trading As: B & J Marketing
Groupe Seb India Private Limited filed a petition seeking the removal or rectification of the trademark 'MAHARAJA WHITELINE' from the register, citing issues related to its validity. However, the Madras High Court ultimately dismissed the petition because the impugned trademark registration number 921351 had already expired on April 28, 2020. This ruling highlights the critical importance of monitoring the expiry dates of intellectual property rights.
M/s.Vicky Industries v.Sh.J.Pradeed; The Registrar of Trade Marks
The Madras High Court dismissed a petition filed by M/s. Vicky Industries seeking the removal or rectification of the trademark 'TULASI LABEL' (No. 1783253). The court noted that the term of the impugned trademark had expired on February 10, 2019. Consequently, the petition was deemed infructuous, though the petitioner was granted leave to re-apply should the mark be restored.
Vedant Fashions Private Limited v.Rajul Devi Trading As Manyavar
The Madras High Court addressed petitions filed by Vedant Fashions Private Limited seeking the rectification of registered trademarks held by Rajul Devi Trading As Manyavar. The court noted that the dispute between the parties had been resolved through an out-of-court settlement agreement dated April 1, 2019. Consequently, both petitions were closed without any formal order regarding costs.
Henkel Ag And Co. Kgaa v.The Registrar of Trademarks
The Bombay High Court ruled in favor of Henkel Ag And Co. Kgaa, setting aside an earlier refusal by the Registrar of Trademarks to register a subject mark. The court found that the Senior Examiner failed to properly consider crucial material on record, including evidence of opposition and abandonment status of cited marks, as well as a NoC obtained by the petitioner. Consequently, the matter was remanded back for the Respondent to conduct a fresh hearing based on all submitted facts.
Beiersdorf Ag v.Registrar Of Trade Marks
Beiersdorf Ag successfully challenged an administrative order issued by the Registrar of Trade Marks regarding its international registration. The Bombay High Court found that the original order was arbitrary, lacking independent reasons or consideration of the petitioner's submissions. Consequently, the court quashed the impugned order and remanded the matter back to the Registrar, mandating a reasoned decision within eight weeks.
Mrs.Veena Kumaravel v.Union Of India
Mrs. Veena Kumaravel challenged the abandonment of her trademark application, 'Natural's @,' before the Madras High Court. The petitioner sought to quash the public notice that treated her mark as abandoned under Section 21(2) of the Trade Marks Act. However, the case was ultimately dismissed because the Central Government subsequently withdrew the order of mass abandonment that formed the basis of the challenge.
Shaik Nazeemuddin v.Mohammed Aslam; Registrar of Trademarks
Shaik Nazeemuddin filed two petitions before the Madras High Court seeking the removal and cancellation of trademarks 'BRIGHT ROCK' and 'BRIGHT' registered by Mohammed Aslam. The petitioner sought to maintain the purity of the trademark register. However, shortly after filing, the petitioner instructed his counsel to withdraw both cases. Consequently, the court dismissed (T)OP(TM)Nos. 288 & 289 of 2023 as withdrawn without making any order regarding costs.
Harish Khatri S/o Late Shree Radheyshyam Khatri v.M/s Khatri Pannalal Premraj Bidi Manufacturer, Firm City Sawai Madhopur
The Rajasthan High Court modified a previous temporary injunction that had halted business operations by restricting the use of the registered trademark 'Macchis Brand Bidi'. Recognizing that both parties are partners in the firm, the court stayed the restriction on using the trademark until the underlying partnership dispute is resolved. This decision allows the defendants to continue their trade while ensuring the main suit proceeds expeditiously.
M/S.D.R.Raanka Bros. v.Mr.Om Prakash
The Madras High Court dismissed the trademark infringement suit filed by M/S.D.R.Raanka Bros against Mr. Om Prakash. The court found that despite both parties operating in the silver jewelry trade, the defendant's use of 'D.R.R.' alongside descriptive words ('Shri Mahalakshmi Velli Maligai') did not constitute infringement or passing off of the plaintiff's registered marks like 'D.R.RAANKA'. The judgment emphasized that a marked difference in trading style prevents consumer confusion.
Modern Doordevices Pvt. Ltd. v.Jai Maa Vaishno Traders Pvt. Ltd. & Anr.
The Delhi High Court issued several orders in the trademark dispute between Modern Doordevices Pvt. Ltd. and Jai Maa Vaishno Traders Pvt. Ltd. The court directed the Registry of Trade Marks to provide the complete record related to the impugned trademark 'INDO GARV' (Registration No. 5361272) for review by the parties. Furthermore, procedural applications regarding document exemptions were disposed of, while notice was issued in the main proceedings.
Jockey International Inc. v.M/S Khalsa Accessories & Ors.
The Delhi High Court registered the suit filed by Jockey International Inc. against M/S Khalsa Accessories & Ors., finding a prima facie case of trademark infringement and passing off. The court noted that 'JOCKEY' is a well-known trade mark, supported by extensive sales figures and promotional expenditure. While granting procedural exemptions to the plaintiff, the court proceeded with the suit, allowing for further pleadings and setting up the framework for interim injunctive relief.
Resilient Innovations Pvt. Ltd. v.Phonepe Private Limited & Anr.
The Delhi High Court dismissed multiple petitions filed by Resilient Innovations seeking the removal/rectification of several PhonePe trademarks. The court held that because the petitioner had previously raised objections regarding the descriptive nature and invalidity of the marks in a separate civil suit (CS(COMM) 292/2019), they were bound by Section 124 of the Trademarks Act, 1999. This section mandates that challenges to trademark validity must be addressed within the original civil proceeding before the court can allow rectification proceedings.
Bundl Technologies Private Limited v.Pankaj Garg & Ors.
The Delhi High Court addressed the initial proceedings of a suit filed by Bundl Technologies against Pankaj Garg & Ors. The plaintiff alleges that the defendant's registered trademark infringes upon and attempts to unfairly capitalize on the goodwill of the 'SWIGGY' mark, which is declared a well-known mark. While procedural steps were taken to register the suit and manage filings, the court specifically queried the counsel regarding the validity of using the 2022 'well-known' status as grounds for challenging the defendant's earlier registered trademark.
Rachna Sagar Pvt Ltd v.Sovereign Mercantile Pvt Ltd & Ors.
The Delhi High Court confirmed an existing interim injunction in favor of Rachna Sagar Pvt Ltd against Sovereign Mercantile Pvt Ltd and others. The court found that the Defendants' use of a deceptively similar mark, 'RACHNA SAGAR,' amounted to prima facie passing off. Given the Plaintiff's extensive market presence, prior usage since 1996, and substantial revenue in the publishing sector, the court ruled that allowing the defendants to continue using the mark would inevitably cause consumer confusion and loss to the Plaintiff.
Goutam Lal Tak v.The Registrar Of Trade Marks
Goutam Lal Tak filed a writ petition seeking intervention from the High Court regarding the prolonged pendency of his trademark registration application for 'MAHALAXMI OIL'. The court acknowledged the delay and issued a specific direction to the Registrar of Trade Marks. This order mandates that the pending application must be decided within six months, providing a clear timeline for the resolution of the matter.
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