TRADEMARK — India Patent Cases
719 decisions indexed
Page 3 of 24 · 719 total
Urban Money Private Limited v.Registrar Of Trade Marks & Anr.
Urban Money Private Limited appealed a trademark opposition decision before the Delhi High Court, challenging the Registrar's rejection of its 'URBAN MONEY' application. The appellant argued that the opposing party's claim of prior use was unsubstantiated by external evidence. While the case proceeds toward mediation and further arguments, the court granted an interim stay on the impugned order, providing immediate protection to the trademark applicant.
Calvin Klein Trademark Trust v.Ashok Kumar (Unkown)
The Delhi High Court granted several interim reliefs in favor of Calvin Klein Trademark Trust against Ashok Kumar. The court allowed the plaintiff to file additional documents and exempted them from pre-institution mediation due to the urgent nature of the matter. Crucially, the court ordered a local commission to be conducted to inspect and inventory all infringing products bearing deceptively similar marks, thereby strengthening the plaintiff's case for permanent injunction.
Mensa Brand Technologies Private Limited v.Registrar Of Trade Marks
Mensa Brand Technologies Private Limited filed an appeal challenging the Registrar of Trade Marks' refusal to register a trademark application. The core issue revolves around whether a cited mark had been properly assigned to the appellant before the refusal order was issued. The court accepted notice and set procedural timelines for both parties, indicating that the matter is proceeding through the appellate process.
Rajkumar Sabu v.Sabu Trade Private Ltd.
The Madras High Court dismissed a writ petition filed by Rajkumar Sabu challenging the acceptance and subsequent advertisement of the trademark 'SACHAMOTI' in favor of Sabu Trade Private Ltd. The petitioner sought to quash the acceptance report, arguing that the application was based on fabricated documents and should not proceed without hearing him. However, the Court found that the petitioner's interlocutory petition lacked statutory basis and noted that he already had a remedy available through lodging an opposition under the Trademark Act.
Thilakarasu Venkatasamy trading as Grand Catering Company v.Brand Avatar Llp
The Madras High Court dismissed Original Petitions OP(TM)Nos.64 & 65 of 2024 after the parties, Thilakarasu Venkatasamy and Brand Avatar LLP, reached an out-of-court settlement. The petitions sought the removal or rectification of specific trademark entries (Registration Nos. 5795826 and 3843193) in Class 41. Given the amicable resolution between the parties, the court allowed the proceedings to be dismissed without further order on costs.
Murari Lal Harish Chandra Jaiswal Pvt. Ltd. v.Haresh Patel Trading As Hans Zarda And Registrar of Trademarks Trade Marks Registry, Mumbai
The Bombay High Court ruled in favor of Murari Lal Harish Chandra Jaiswal Pvt. Ltd., ordering the cancellation and removal of the trademark 'HANS ZARDA' (No. 2660422). The court found that 'HANS ZARDA' was visually, structurally, and phonetically deceptively similar to the Petitioner’s established mark, 'HANS CHAAP'. Furthermore, the court noted a lack of credible evidence regarding the Respondent's continuous use of 'HANS ZARDA', leading it to conclude that the mark should be expunged from the register to prevent consumer confusion.
Impresario Entertainment And Hospitality Private Limited v.The Registrar Of Trademarks
The Delhi High Court allowed the appeal filed by Impresario Entertainment, setting aside the Registrar of Trademarks' rejection of its trademark application. The court found that the Registrar violated the principles of natural justice because the Appellant was prevented from participating in the scheduled virtual hearing due to technical impediments. Furthermore, the Impugned Order failed to consider crucial evidence, such as a Joint Memorandum of Compromise between the parties. Consequently, the matter has been remanded back for a fair and comprehensive hearing.
Sidharth Jindal v.The Registrar of Trade Marks
The Madras High Court allowed the appeal filed by Sidharth Jindal against the Registrar of Trade Marks' rejection of his word mark application, 'BANGTAN BOYS BTS.' The court found that the initial objections raised under Section 9 and Section 11 of the Trade Marks Act were unsustainable. Crucially, the court overturned the rejection based on the 'proposed-to-be-used' basis, holding that this conclusion was erroneous and contrary to Section 18 of the TM Act. Consequently, the application was directed to proceed for advertisement.
Red Bull Ag v.M/S Bhavnagari Herbal Pharmacy & Ors.
The Delhi High Court issued a significant interim order in the trademark infringement suit filed by Red Bull Ag against M/S Bhavnagari Herbal Pharmacy & Ors. The court granted an urgent ex-parte ad-interim injunction and appointed a Local Commissioner to inspect, photograph, and potentially seize infringing goods from the defendants' premises. This decisive step allows the plaintiff to secure evidence of ongoing trademark misuse while the main suit proceeds.
M/S Prakash Pipes Limited v.Registrar Of Trademarks & Ors.
The Delhi High Court allowed a Rectification Petition filed by M/S Prakash Pipes Limited against the Registrar of Trademarks. The petition sought the cancellation and removal of the trade mark 'PARKASHPOWER' (Registration No. 4798175) from the register. With no objection from certain respondents, the court directed that the impugned mark be removed, thereby rectifying the trademark registry.
M/S. Askaaf Al-Sharq Trading Company v.Al-Noor Tradition P. Ltd.
The Delhi High Court passed a multi-pronged order in the trademark dispute between M/S. Askaaf Al-Sharq Trading Company and Al-Noor Tradition P. Ltd. The court granted the plaintiff's request for exemption from mandatory pre-litigation mediation, allowing the case to proceed directly. Simultaneously, it set dates for filing replies regarding the defendant's application for trademark rectification and the plaintiff's interim injunction request, moving the core dispute towards active litigation.
M/s. Karim Hotels Pvt. Ltd. v.Al Kareem
In a dispute over trademark similarity, the Madras High Court addressed M/s. Karim Hotels Pvt. Ltd.'s petition seeking rectification of Al Kareem's mark 'AL Kareem'. Despite the petitioner asserting long-standing goodwill and deceptive similarity, the court ultimately favored the respondent. The judgment recognized the existing use of 'AL Kareem' in Hyderabad but imposed a crucial geographical limitation on its registration to prevent confusion outside that specific region.
Thumbtack Inc. v.Sangvish Technologies Pvt. Ltd. & Anr.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Thumbtack Inc. against Sangvish Technologies Pvt. Ltd., finding that the Defendant's mark 'THUMBSUP' is a deliberate and mala fide imitation of Thumbtack’s registered trademark, 'THUMBTACK.' The court noted the triple identity—identical mark, identical product category (home services), and identical consumer base—and restrained the Defendants from using any deceptively similar marks. This order sets the stage for the full trial on infringement.
Diya Aggarwal v.The Registrar Of Trademarks
Diya Aggarwal has filed an appeal challenging the Registrar of Trademarks' refusal to register her trademark application. The Delhi High Court accepted notice and set out a procedural schedule for the matter. This order directs both parties to file their respective replies and rejoinders, indicating that the case is moving forward through the appellate process.
Pt Tech, Llc v.The Controller of Patents, Designs and Trademarks and Anr.
The petition challenges the action of Respondent No.1 (Controller of Patents, Designs and Trademarks) for accepting a Counter Statement filed by Respondent No.2 beyond the statutory two-month period stipulated under the Trade Marks Act, 1999. The court noted that the matter would be heard ex-parte against Respondent No.2 due to non-appearance despite service.
Haveli Restaurants And Resorts Ltd. v.Amritsar Haveli Cuisines Pvt. Ltd. & Anr.
The Delhi High Court addressed an appeal filed by Haveli Restaurants and Resorts Ltd. challenging the rejection of its opposition against a trademark application for 'AMRITSARI HAVELI.' The core issue was whether the Appellant was properly served with the Counter Statement, leading to the Opposition being deemed abandoned. While the court allowed applications related to delay and record summoning, it proceeded to issue notice for written submissions on the main appeal, indicating that the matter is moving toward a substantive hearing.
Asif Ahmad Najar v.Yasir Farooq Shirgugurie & Anr.
Asif Ahmad Najar filed a petition in the Delhi High Court seeking rectification of an existing trademark registration held by Respondent No. 1, which bears the name 'Baker's Hub'. The petitioner also sought a declaration establishing his prior and rightful use of the mark. The court issued notice to the respondents and directed them to file their replies within four weeks, setting the matter for further hearing in November 2025.
Star Health And Allied Insurance Co. Ltd. v.The Registrar of Trademarks
The Madras High Court intervened in a matter concerning trademark oppositions, where Star Health And Allied Insurance Co. Ltd. sought judicial intervention to expedite pending proceedings. The court recognized that the delay in disposal was unjustified given the history of the applications and oppositions. Consequently, the High Court issued a mandate directing the Registrar of Trademarks to conclude both opposition cases within a strict three-month timeframe.
M/S. Purva Metal Sections Pvt. Ltd. v.The Registrar of Trademarks
M/S. Purva Metal Sections Pvt. Ltd. filed a Writ Petition seeking judicial intervention to compel the Registrar of Trademarks to decide an opposition petition and trademark application within a fixed timeframe. However, the Madras High Court ultimately dismissed the writ petition because the underlying matter had already been decided by the Trademark Office on July 9, 2025, rendering the petitioner's request moot.
Google Llc v.The Registrar Of Trade Marks
The Delhi High Court addressed an appeal filed by Google LLC challenging the refusal to register its trademark 'OUTLINE'. The core issue involved potential conflicts with existing trademarks. Recognizing that two pending rectification petitions, which directly impacted the dispute, were lodged in different registries (Chennai and Ahmedabad), the court took a procedural step. It directed the transfer of these two related rectification petitions to the High Court for consolidation with the main appeal, ensuring a unified adjudication of all interconnected trademark matters.
Ricky Rubber Industries v.The Registrar Of Trade Marks & Anr.
The Delhi High Court allowed the writ petition filed by Ricky Rubber Industries challenging the Trade Marks Registry's rejection of an application for rectification. The petitioner sought to correct a minor typographical error—a wrong registration number—in a recordal form (FORM TM-P). The court ruled that procedural rules should not be interpreted so rigidly as to dilute substantive rights, directing the Registrar to accept the rectification application and make the necessary amendments.
Vinit Dua v.Prashant Mani Tripathi & Ors.
The Delhi High Court allowed the plaintiff, Vinit Dua, to register his trademark infringement claim against Prashant Mani Tripathi & Ors. The court found that a prima facie case of infringement was made out because the defendant's mark, 'AFFINITY ELEVE,' is highly likely to deceive customers into associating it with the plaintiff's registered mark, 'AF FINITY.' Consequently, the Court granted an ad interim injunction restraining the defendants from using the confusingly similar mark while the suit proceeds.
M/s. K.A.S.Zainulabdin And Co. v.K.G.Subramaniam and The Registrar of Trademarks
The Madras High Court allowed a petition seeking rectification of a trademark registration, specifically targeting the mark '399 BRAND K.G.S. SUBRAMANI AND CO' in Class 25. The court granted the relief after both parties reached an agreement: the contesting respondent agreed to change its trade mark, and the petitioner consented to this change. Consequently, the Registrar of Trademarks was directed to remove the disputed entry from the register within 30 days.
Zepto Private Limited v.Mohammad Arshad & Anr.
The Delhi High Court addressed the petition filed by Zepto Private Limited seeking the removal and cancellation of a specific trademark registration (No. 2773518) from Class 9. The court granted procedural directions, allowing the petitioner to file additional documents and setting timelines for both parties to submit replies, rejoinders, and a combined written synopsis. This order moves the case forward in the process of challenging the validity or use of the registered mark.
M/S Swagath v.Dhanturi Hari Shankar & Anr.
The Delhi High Court addressed two matters in this order. First, the petitioner was permitted to file additional documents under the Commercial Courts Act, 2015. Second, the court initiated proceedings regarding a petition seeking the cancellation of the trademark 'SWAGATH' (Registration No. 2037599). Notice has been issued to the respondents, who are required to file their replies within six weeks, setting the stage for further litigation on the core issue of trademark validity.
Staar Surgical Company v.Jagrat Natvar Dave Trading As Polymer Technologies International & Anr.
The Gujarat High Court dismissed a rectification application filed by Staar Surgical Company against the trademark 'IPC L' under No. 2511431. The court noted that despite multiple attempts by the Registry to serve notice, the applicant failed to appear or ensure proper service of process. Consequently, the application was disposed of for want of prosecution, though the petitioner retains the liberty to revive the case if difficulties are overcome.
Bhalla Sports Pvt Ltd. v.Ashutosh Bhalla M/S Vinex Enterprises Pvt. Ltd. & Anr.
The Delhi High Court allowed a rectification petition filed by Bhalla Sports Pvt Ltd. against Ashutosh Bhalla M/S Vinex Enterprises, directing the cancellation of an infringing trademark registration. The court found that the petitioner was the 'prior user' of the mark 'SOFT TOUCH' since 2001, which predated the respondent's application and use claims. Given the identical nature of the goods (sports goods) and the deceptive similarity of the marks, the court ruled that the subsequent registration was invalid and must be removed from the register.
Network 18 Media And Investments Ltd v.Tv Today Network Ltd. & Anr.
The Delhi High Court disposed of trademark cancellation petitions filed by Network 18 Media against Tv Today Network Ltd. and others. The resolution was reached through a comprehensive Settlement Agreement signed between the petitioner and Respondent No. 1 on July 1, 2025. Both parties confirmed their adherence to the terms of this agreement, leading the Court to close the proceedings without further litigation.
Ms Jagat Agro Commodities P Ltd v.Union Of India & Ors.
The Delhi High Court ruled in favor of Ms Jagat Agro Commodities P Ltd, directing the respondents (Union of India) to renew and restore its registered trademark 'JAGAT(DEVICE)'. The court found that the mandatory statutory notice (Form O-3) regarding the approaching expiry was not properly issued or served on the petitioner, thereby upholding the principle of natural justice. This decision emphasizes that a trademark proprietor should not be penalized for procedural lapses by the Registry.
YKK Corporation v.Kalpesh Kumar Gowanl
YKK Corporation successfully petitioned the Madras High Court to remove a conflicting trademark entry, '4 KK', registered under Kalpesh Kumar Gowanl. The court disposed of the Original Petition by directing the Registrar of Trade Marks to cancel the specified registration within 30 days. This ruling reinforces the rights of established brand owners against potentially confusing or infringing marks.
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