TRADEMARK — India Patent Cases
719 decisions indexed
Page 2 of 24 · 719 total
M/s.Sangeetha Caterers and Consultants LLP. v.M/s.Sangeetham House of Veg
The Madras High Court allowed a petition seeking the rectification and cancellation of a conflicting trademark. The petitioner, M/s.Sangeetha Caterers, successfully argued that the respondent's mark, 'SANGEETHAM HOUSE OF VEG,' was registered in bad faith after a court decree had already mandated the respondent to change their business name to 'Hotel Raagam - House of Veg.' The Court held that the registration was voidable because it suppressed prior litigation and compromise terms, ordering the Registrar of Trademarks to remove the conflicting mark forthwith.
Rajan Adlakha v.Registrar of Trademarks & Anr.
Rajan Adlakha filed a writ petition seeking direction against the Registrar of Trademarks regarding a pending opposition. The petitioner argued that since the opponent failed to file evidence by the statutory deadline, the opposition was deemed abandoned under Trademark Rules, but the Registrar had not formally recorded this status. The Delhi High Court directed the Respondent No. 1 (Registrar) to treat the petition as a formal representation and pass appropriate orders recording the abandonment within four weeks.
Manash Lifestyle Private Limited v.Anupam Srivastava & Anr.
Manash Lifestyle Private Limited filed a petition seeking rectification of a trademark registration under Section 57 of the Trade Marks Act, 1999. The petitioner challenged the registration of the mark 'VNYABAIE' in Class 3, which was registered in the name of Anupam Srivastava. The Delhi High Court issued notices to all parties and directed that the matter be listed before the Joint Registrar for completion of service and pleadings, setting a future date for hearing.
M/S. Polo / Lauren Company, L.P. v.M/S. Loren Beautifiers Pvt. Ltd. And Anr.
The Calcutta High Court allowed an application for rectification filed by M/S. Polo / Lauren Company against a similar trademark, 'LOREN'. The petitioner argued that the respondent's mark was registered dishonestly and created a likelihood of confusion with their established global brand, 'RALPH LAUREN'. Crucially, the court noted that the impugned registration had long lapsed and no steps were taken by the respondent to renew it. Consequently, the court directed the removal and expunging of the expired trademark entry.
Ashique Exports (P) Ltd v.The Registrar Of Trade Marks
The Madras High Court ruled in favor of Ashique Exports, setting aside an adverse abandonment order passed by the Registrar of Trade Marks. The petitioner argued that they were never properly served with the Notice of Opposition regarding their 'Vi-Wash' trademark application. The court found that since the official records lacked reference to the petitioner's registered email ID, the statutory requirement for deemed service under Section 21(2) of the Trade Marks Act was not met. Consequently, the case has been restored for a fresh hearing after proper notice is issued.
Triveni Household Items Manufacturers Private Limited v.Radhey Radhey Industries & Anr.
In this trademark dispute, the defendants sought to vacate an existing injunction. The plaintiff argued that a pending rectification petition was irrelevant to the current litigation. The court directed the plaintiff to submit the entire record of the rectification petition within two weeks, ensuring both parties have access to all relevant information as the case proceeds.
Woodland (Aero Club) Pvt. Ltd. v.M/S Speedways Tyre Treads & Anr.
The Delhi High Court issued several orders in favor of the Plaintiff, Woodland (Aero Club) Pvt. Ltd., in its suit against M/S Speedways Tyre Treads & Anr. The court granted exemptions for pre-institution mediation and advanced service, recognizing the urgency of the matter. Crucially, the court allowed the Plaintiff to seek an ex-parte ad-interim injunction by appointing a Local Commissioner to inspect the premises and stock of the Defendant, thereby initiating immediate protective measures against alleged trademark infringement.
Impresario Entertainment And Hospitality Pvt Ltd v.M/S. Social Kitchen Through Its Proprietor
The Delhi High Court granted an ex parte ad-interim injunction in favor of Impresario Entertainment, who holds a registered trademark for 'SOCIAL' used across various hospitality services. The court found that the plaintiff had established a prima facie case and that the balance of convenience lay in their favor, noting the defendant's prior withdrawal of its own application due to concerns over deceptive similarity. This interim order immediately restrains the defendant from using marks similar to 'SOCIAL', including variations like 'SOCIAL KITCHEN'.
Mohanlal U.Jain Trading As M/s.Master Marketing v.M/S.Lkb Engineering Pvt. Ltd.
The Madras High Court allowed appeals filed by Mohanlal U.Jain, setting aside the Trademark Registry's decision to abandon his applications for 'Rallison APPLIANCES.' The core issue was whether the opposition notice served by M/S.Lkb Engineering Pvt. Ltd. had been properly served on the appellant as required under Section 21(2) of the Trade Marks Act, 1999. The Court found that despite evidence of communication from the respondent, there was no proof presented by the Registry confirming service upon the appellant. Consequently, the appeals were allowed, and the Registry was directed to grant a fresh opportunity for the matter.
Sg Corporate Mobility Pvt .Ltd. v.Marvel Technoplast Pvt. Ltd.
The Delhi High Court addressed several procedural applications in the trademark opposition matter between Sg Corporate Mobility and Marvel Technoplast. The court granted an exemption request regarding the submission of a certified copy of an NCLT order, allowing the petitioner four weeks to comply. Furthermore, recognizing that Respondent No. 1 had filed notice of opposition to Petitioner's trademark application no. 6792577 but failed to appear, the Court directed formal service and issuance of notices to ensure due process continues in the matter.
Rep. By Its Managing Director v.Sri Narasus Coffee Co. Pvt. Ltd.
The Madras High Court addressed a trademark infringement suit (C.S(COMM DIV) NO. 203 OF 2024) and an opposition petition (OP(TM) No. 62 of 2024) concerning the mark 'UDHAIYAM' versus 'UDHAYAM'. Both parties reached a Memorandum of Compromise on October 10, 2025. Consequently, the Court dismissed both petitions as withdrawn, concluding the litigation without a final judgment on the merits.
The Indian Hotels Company Limited v.Vivanta Stays & Ors.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of The Indian Hotels Company Limited against Vivanta Stays & Ors. The court recognized 'VIVANTA' as a well-known trademark and immediately restrained the defendants from using similar marks, such as VIVANTA STAYS/VIVANTA REALTY, both online and offline. Furthermore, the order mandated the immediate takedown of infringing websites and domain names, providing swift protection to the plaintiff's brand reputation.
The Indian Hotels Company Limited v.John Doe And Anr
The Delhi High Court granted an ex parte ad-interim injunction in favor of The Indian Hotels Company Limited against defendants for alleged trademark infringement and disparagement of its iconic 'TAJ' brand. Citing the TAJ trademark as a well-known mark, the court restrained the defendants from publishing or disseminating any content that infringes upon the brand. Furthermore, Defendant No. 2 was specifically directed to immediately take down an impugned video uploaded on its Instagram channel.
M/S. Aquapump Industries & Anr. v.Ravi Yadav & Anr.
The Delhi High Court allowed a petition seeking rectification regarding a specific trademark registration. Following submissions from both parties, the court directed the cancellation of Trademark Registration No. 6100995 for the mark in Class 11. This order mandates the trademark registry to rectify its records accordingly within four weeks, effectively clearing the title and resolving the dispute between M/S. Aquapump Industries and Ravi Yadav.
Wipro Enterprises Private Limited v.Shivam Udhyog & Anr.
The Delhi High Court ruled in favor of Wipro Enterprises Private Limited, declaring its trademark 'WIPRO' as a well-known mark. The judgment recognized the extensive goodwill and reputation associated with the brand, citing massive sales turnover (over INR 60,775 crores) and substantial promotional expenditure over several decades. This declaration is crucial for protecting the brand against unauthorized use by third parties.
M/s. Zonex Industries v.Kunal Choudhary
The Rajasthan High Court upheld a lower court's decision to stay an infringement lawsuit concerning the 'ZONEX' trademark. The petitioner, M/s. Zonex Industries, challenged the stay, arguing that their trademark was validly registered. However, the court found that since the respondent had initiated rectification proceedings challenging the validity of the registration before the competent forum, the suit for infringement must be stayed under Section 124 of the Trademarks Act, 1999. This ruling reinforces the legal mechanism allowing parties to pause litigation while trademark validity is being determined.
M/S Gopika Industries v.Dayal Industries Pvt. Ltd.
The Delhi High Court dismissed the Defendant's application seeking rectification of the Plaintiff's trademark registration. The core dispute centered on prior user rights, where the Defendant claimed earlier use of 'DAYAL' in cattle feed compared to the Plaintiff's earliest documented use. However, the Court found that the Defendant's claims were not tenable and did not raise a triable issue, upholding the validity of the Plaintiff's registered mark.
Estuaries Industries Private Limited v.Registrar Of Trade Marks
The Gujarat High Court quashed an earlier rejection order by the Registrar of Trade Marks concerning the trademark application 'BLEND IT'. The court noted that the Respondent failed to consider the Petitioner's existing registered mark, 'BLEND IT RIGHT', in Class 32. Consequently, the matter was remanded back to the Registrar for fresh consideration of the application, ensuring the prior registration is taken into account.
Pataka Industries Private Limited v.Verinder Cigrate Store And Anr.
The Delhi High Court addressed several interlocutory applications in the trademark infringement suit filed by Pataka Industries against Verinder Cigrate Store. The court granted exemptions from advance service, filing certified copies, and mandatory pre-institution mediation, allowing the case to proceed swiftly. Crucially, the court permitted a Local Commissioner to execute a commission to seize stock bearing similar marks ('S02 PATAKHA') to the Plaintiff's registered trademark '502 PATAKA', signaling strong judicial support for immediate injunctive relief.
Pooja Electric Co. v.Anand Tomar Trading As Pooja Rading Company
In this intellectual property dispute, the Delhi High Court allowed the plaintiff, Pooja Electric Co., to introduce evidence of subsequently registered trademarks into the ongoing litigation. Although the plaintiff sought an amendment under Order VI Rule 17 CPC, the court determined that since the original plaint already disclosed the pendency of these trademark applications, a formal amendment was unnecessary. The court permitted the plaintiff to rely on the registration certificates while leading evidence, allowing the suit to proceed toward the recording of evidence.
M/S Blinkit Private Limited / M/S Blink Commerce Private Limited v.M/S Blink Commerce Private Limited / The Registrar of Trade Marks Chennai
The Karnataka High Court dismissed two writ petitions filed by M/S Blinkit Private Limited and M/S Blink Commerce Private Limited. The petitions involved disputes over the validity and cancellation of specific trademark registrations (Nos. 3480206 and 3480207). Both parties submitted memos requesting the dismissal of their respective cases as withdrawn, leading to the court's order.
Frankfinn Aviation Services (Pvt.) Ltd. v.Fly- Hi Maritime Travels Private Limited & Anr.
The Delhi High Court modified an interim injunction in a trademark dispute between Frankfinn Aviation Services and Fly-Hi Maritime Travels. The court allowed the defendant to use its logo mark 'FLY HI' for its current, specified services, subject to plaintiff's consent. Furthermore, the defendant was granted conditional liberty to use the word form 'FLY HI' only as a reference in its normal course of business, provided it identifies specific, necessary circumstances and avoids trademark usage.
Purvish Indrakant Shah & Ors. v.Shyamal Jagdishchandra Sheth
The Gujarat High Court allowed an appeal filed by the original defendants against a trial court's temporary injunction favoring the plaintiff. The core dispute revolved around the ownership rights of the logo 'Taste of Vadodara,' which was governed by two Memorandums of Understanding (MoUs). The High Court found that the plaintiff failed to establish a prima facie case, balance of convenience, or irreparable loss, leading it to set aside the injunction and reject the application.
Saptarishi Herbals Llp v.Asif Enterprises & Anr.
The Delhi High Court issued a comprehensive order in the trademark infringement suit filed by Saptarishi Herbals Llp against Asif Enterprises & Anr. The court allowed several procedural applications, including granting the plaintiff exemptions regarding e-filing advertisements and pre-institution mediation due to the urgent nature of the matter. Furthermore, the plaintiff was granted leave to administer interrogatories upon the defendants, setting a clear path for the commencement of substantive litigation.
M/s.Darshan International v.Deputy Registrar of Trade Marks & Gi
The Madras High Court ruled in favor of M/s. Darshan International, allowing them to proceed with their trademark registration for 'Darshan Incense.' The court addressed the issue of non-receipt of the notice of opposition by the petitioner, which led to the abandonment of their application. Citing a similar precedent, the High Court directed the Deputy Registrar of Trade Marks to restore the application and permit the petitioner to file a counter statement, ensuring they receive a fair opportunity to defend their mark.
Exotic Mile v.Imagine Marketing Pvt Ltd
The Delhi High Court reviewed an interim injunction granted by a Single Judge in a trademark infringement and passing off suit. While the court affirmed the injunction against Exotic Mile's use of certain specified marks, it quashed the restriction on the tag line "UNPLUG YOURSELF" because the original plaintiff had not sought that specific restraint. Furthermore, the court clarified that since the mark GOBOULT was never subject to an injunction, Exotic Mile remains free to use it unless a separate cause of action is filed.
Hardwyn India Limited And Anr v.Rajenndra Engitech Llp
The Delhi High Court addressed the trademark dispute between Hardwyn India Limited and Rajenndra Engitech LLP, focusing on the use of the mark 'HARDVIN' which was deemed deceptively similar to 'HARDWYN'. The court accepted a comprehensive undertaking from the defendant, requiring them to cease using the impugned mark and initiate its withdrawal from the Trademark Registry. Consequently, an ad interim injunction was granted in favor of the plaintiff. Furthermore, recognizing the mutual interest in resolution, both parties were referred to the Delhi High Court Mediation Centre.
Marc Enterprises Pvt. Ltd. v.Marc Sanitation Pvt. Ltd. & Anr.
The Delhi High Court granted the petition filed by Marc Enterprises Pvt. Ltd., directing the rectification of Trademark Registration No. 5849026 held by Marc Sanitation Pvt. Ltd. The court ordered that the goods and service details in Class 11 be amended to specifically reflect 'Bathroom and Sanitary fittings and accessories,' thereby limiting the scope of the trademark registration. This decision allows the petitioner to achieve a more precise definition of the registered goods, aligning with prior agreements.
Kamdhenu Steels And Alloys Limited v.Union Of India & Ors.
The Delhi High Court heard a petition challenging an order directing a company to change its name based on alleged resemblance to another entity's brand. The core dispute revolved around whether the application for rectification was filed within the statutory three-year limitation period under Section 16(1)(b) of the Companies Act, 2013. While acknowledging the complexities of IP disputes between related entities, the Court granted a stay on the impugned order pending further arguments, allowing time to resolve the jurisdictional and temporal issues.
Super-Max Ipr Holdings Ag Through Its Authorized Representative Mr. Chirag Haresh Shah v.Suresh Kumar Garg And Ors
The Delhi High Court addressed a non-compliance issue where defendants failed to adhere to an earlier undertaking regarding the withdrawal of a specific trade mark application. The court directed the Registrar of Trademarks to process the withdrawal of trademark no. 4336864 in respect of 'SUPERMAC' within two weeks, provided all legal formalities are met. This order sets clear compliance timelines and mandates status reporting by the Trademark Registrar.
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