TRADEMARK — India Patent Cases
719 decisions indexed
Page 4 of 24 · 719 total
Major League Baseball Properties Inc v.Manish Vijay & Ors.
Major League Baseball Properties Inc successfully petitioned for the rectification (cancellation) of the trademark 'BLUE-JAY' registered in favor of Manish Vijay & Ors. The court recognized that MLB is the prior adopter and user of the mark, having used it since 1976 globally. Despite procedural hurdles regarding previous opposition attempts, the Delhi High Court ruled that the similarity between the marks constituted an attempt to ride upon MLB's established goodwill, thereby directing the Registrar to cancel the infringing registration.
M/s Media Monks Multimedia Holding B.V. v.M/s Pachala Murali Krishna
This Madras High Court case involves multiple rectification petitions filed by M/s Media Monks Multimedia Holding B.V. against the registration of several 'MEDIA MONK' trademarks held by M/s Pachala Murali Krishna. The petitioner seeks to remove these marks, asserting its global reputation and prior use since 2001. Conversely, the respondent claims he coined and used the mark honestly in January 2009, preceding the petitioner's Indian application. The court has framed several key issues, including deceptive similarity, bad faith, and priority of adoption.
M/s.Purva Metal Sections Pvt. Ltd. v.The Registrar of Trade Marks
The Madras High Court intervened in a matter concerning the delay in processing an opposition petition against a trade mark application. M/s. Purva Metal Sections Pvt. Ltd. sought judicial intervention to expedite the disposal of Opposition No. 1176324 related to Trade Mark Application No. 4853565. The Court, noting the prolonged delay despite complete pleadings, issued a directive mandating the Registrar of Trade Marks to resolve the matter within three months, ensuring both parties receive adequate opportunity to be heard.
N.C. Mahamood v.The Registrar Of Trademarks, Chennai
The Kerala High Court intervened in a long-pending trademark application dispute, directing the Registrar of Trademarks to expedite the process. The petitioner argued that six years had passed since filing without a final decision, despite an opposition being filed. The court ruled that such excessive delay in statutory proceedings cannot be excused by citing seniority or requiring special fees for expedited processing, compelling the authorities to act swiftly.
Kausal Goyal And & Ors. v.Awadh Oils Private Limited Through Its Director Shri Awadh Goyal
The Delhi High Court stayed an adverse ex-parte interim injunction against Kausal Goyal and others in a trademark dispute involving the mark 'Kala Ghoda'. The court found that the Appellants had established a prima facie case, particularly citing a family settlement agreement and long-standing use of the trademark. This decision allows the parties to proceed with a full hearing, preventing immediate prejudice to the appellants.
Mr.Sampath G.V. v.The Registrar of Trademarks
The Madras High Court ruled in favor of Mr. Sampath G.V., allowing him to renew his trademark 'THE VELLORE KITCHEN DEVICE' despite alleged failures in notification by the Registrar of Trademarks. The court held that since the mark had not been formally removed from the register, the petitioner was entitled to renewal subject to fees. Consequently, the Registrar was directed to facilitate the renewal process within 30 days.
R.V.Vinoth Kumar v.M/s.Kallal Hospitalities Private Limited; The Registrar of Trademarks
The Madras High Court intervened in a trademark dispute concerning 'MANJAL RESTAURANT' by directing the Registrar of Trademarks to expedite proceedings. The petitioner, R.V.Vinoth Kumar, sought judicial intervention due to the prolonged delay in disposing of Opposition No.1350081 and Trade Mark Application No.5982440. The Court allowed the writ petition, mandating that the Registrar dispose of both matters within three months from the date of the order.
Anuj Bindal Messrs Aggarwal Rice And Oil Mills v.Union Of India & Anr.
The Delhi High Court initiated proceedings in a rectification petition filed by Anuj Bindal Messrs Aggarwal Rice And Oil Mills. The petitioner sought the removal of the registered trademark 'DOUBLE KABOOTAR BRAND' (Registration No. 5574981) from the Trade Marks Register, which was held by respondent no.2. The court accepted notice on behalf of one respondent and directed that formal notices be issued to all parties, setting a timeline for filing replies and rejoinders before listing the matter for further hearing.
Tecniqua India Private Limited v.Shree Ji Industries & Anr.
Tecniqua India Private Limited filed a petition before the Delhi High Court seeking the removal of the trademark '/ TENDA SPORTS' (Application No. 4417483) registered in the name of Respondent No. 1. The court accepted notice and directed that formal notices be issued to all parties. Both sides were given specific timelines—six weeks for a reply and three weeks thereafter for a rejoinder—setting the stage for substantive arguments on trademark cancellation.
Rajesh Daseja (Huf) Trading As D Rajkumar v.Simran Gaba & Anr.
The Delhi High Court issued an order in a trademark dispute where Rajesh Daseja (Huf) sought the cancellation of Trademark No. 4776864 for the mark 'GSK/' from the Trade Marks Register. The court initiated the formal process, directing the petitioner to take necessary steps and issue notice to all respondents. This marks the commencement of substantive proceedings aimed at removing the disputed trademark.
Rakesh Kumar Mittal v.The Registrar Of Trade Marks
The Delhi High Court ruled in favor of Rakesh Kumar Mittal, directing the Registrar of Trade Marks to restore his trademark 'MILTON/'. The core issue was the removal of the mark due to non-renewal. The court held that the removal was illegal because the Registrar failed to comply with the mandatory statutory procedure—specifically, issuing a Form O-3 Notice as required under Section 25(3) of the Trade Marks Act. This judgment reinforces the principle that procedural compliance is a prerequisite for administrative action in trademark law.
M/S Ambika Industrial Corporation v.The Registrar Of Trade Marks & Anr.
The Delhi High Court quashed an order by the Trade Marks Registry that had allowed a change in the registered address for the 'AMBIKA' trademark. The petitioner firm argued that the change, filed by a former partner (Respondent No. 2), lacked justification and was detrimental to the established proprietor. The court ruled that since the petitioner remains the undisputed registered owner, the registry could not unilaterally alter the address based on an unsupported application, thereby restoring the original details.
Ihhr Hospitality Ananda Pvt. Ltd. v.Avirup Sircar
The Delhi High Court addressed an application seeking exemption from mandatory pre-institution mediation in a trademark opposition case. The court dismissed the plaintiff's request, noting that extensive prior communication and action had already taken place between the parties regarding the mark 'ANANDA RESORTS'. Consequently, both parties were directed to participate in pre-litigation mediation before proceeding with the main litigation.
Harpal Singh Gulati v.Registrar Of Trademarks
This Delhi High Court order addresses an appeal filed by Harpal Singh Gulati challenging the rejection of his trademark application for 'Martban -MAA KE HAATH SA'. The core dispute revolves around the appellant's claim of prior use. Crucially, M/s Martbaan, proprietor of similar marks, was impleaded as a respondent to participate in the proceedings. The Court set out a detailed schedule for filing pleadings and listing the matter before the Joint Registrar.
Vikas Gupta / Neha Herbals Pvt. Ltd. v.Inder Raj Sahni Proprietor M/S Sahni Cosmetics
The Delhi High Court addressed a complex trademark dispute over the common name 'NEHA' used in the personal care sector. The Plaintiffs, Neha Herbals, claimed infringement and passing off against Sahni Cosmetics, which uses the mark for creams. While the court acknowledged the Defendant's prior use of the mark for creams, it ultimately found that the Plaintiffs had established continuous use and valid registrations for their goods (Mehandi). Consequently, the suit seeking damages was dismissed, but the cancellation petitions filed by the Defendant were also rejected.
Raj Kumar Proprietor Of Ms Royal Pets Cart v.Pooja Ahirwar Proprietor Of Ms Aselfy Enterprises
The Delhi High Court granted an interim injunction in favor of the plaintiff, Raj Kumar Proprietor Of Ms Royal Pets Cart, against Pooja Ahirwar Proprietor Of Ms Aselfy Enterprises. The court found that the defendant's pending trademark application for 'ROYAL PETS CART/' was deceptively similar to the plaintiff's established mark and constituted a prima facie case of infringement. Consequently, the defendant was restrained from using the impugned mark in relation to identical goods until the final hearing.
Microtex Energy Private Limited v.Microtek International Private Limited and Anr.
The Delhi High Court initiated proceedings in C.O. (COMM.IPD-TM) 116/2025, where the petitioner sought the cancellation of the trademark 'MICROTEK TECHNOLOGY WE LIVE' (No. 3482800). The court issued notice to all respondents and set a timeline for filing replies and rejoinders. Several ancillary applications regarding document submission and procedural matters were also disposed of by the court.
M/S Aggarwal Trading Company v.The Registrar Of Trade Marks
M/S Aggarwal Trading Company approached the Delhi High Court seeking rectification of their trademark register entries (Registration Nos. 671443 and 671598). The petitioner argued that despite the marks being valid up to specific future dates, the online system incorrectly displayed messages indicating renewal failure due to delays. The court took cognizance of this discrepancy and issued notice to the Registrar of Trade Marks, directing them to provide clarifications regarding the validity and renewal status of both trademarks.
Moti Mahal Delux Management Services Pvt Ltd & Ors. v.M/S Universal Corporation & Anr.
The Delhi High Court granted an ad-interim injunction in favor of Moti Mahal Delux Management Services against Universal Corporation. The court found that the plaintiffs had established a prima facie case regarding trademark infringement and passing off, noting the long history and exponential growth of the 'Moti Mahal' brand since 1920. Given the risk of irreparable harm to the plaintiff's goodwill, the defendant was immediately restrained from using identical or deceptively similar marks like 'MOTI MAHAL DELUX TANDOORI TRAIL'.
Montblanc-Simplo Gmbh v.Ms. Jasmin Chandrakant Vora & Ors.
In this trademark infringement suit, Montblanc-Simplo Gmbh sought permanent injunctions and damages against the defendants for using its registered trademarks and devices. The court noted the parties' initial request for exemption from mediation but ultimately referred them to pre-litigation mediation. Subsequently, the defendants assured the court that they would withdraw infringing products from e-commerce sites within a week and were granted time to file an undertaking confirming their non-infringement intentions.
Ms Khatema Fibres Limited v.Dr Rakesh Chandra Rastogi & Ors.
The Delhi High Court issued an order allowing Ms Khatema Fibres Limited to proceed with a rectification petition against the registered trademark 'KHATEMA' held by Defendant No. 1. The court formally initiated the proceedings, granting both parties specific timeframes—four weeks for the defendant's reply and six weeks for filing composite written synopses in related applications. This order sets the stage for a detailed legal battle over the validity of the trademark registration.
Hermes International & Anr. v.Neofusion Commerce Through Sole Proprietor Mr. Rishabh Jain & Anr.
In a trademark infringement suit filed by Hermes International against Neofusion Commerce, the Delhi High Court issued an order on May 6, 2025. While the plaintiffs sought permanent injunctions against the use of their registered trademarks in relation to luxury bags and accessories, the court referred the parties to pre-litigation mediation. The defendants were granted a temporary reprieve, agreeing not to deal with existing disputed inventory while proposing alternative product variations.
Himalaya Wellness Company & Ors. v.Wipro Enterprises Private Limited
Himalaya Wellness Company initiated proceedings in the Delhi High Court seeking to challenge the validity of Wipro Enterprises Private Limited's trademark registration 'EVECARE.' The court allowed the plaintiffs' application under Section 124 of the Trade Marks Act, 1999. Consequently, the court framed a specific issue questioning whether the defendant's mark is invalid and liable for removal/cancellation from the Register of Trademarks, setting the stage for further substantive litigation.
Mohammed Azam Trading As Noor Ahmed Mohd Azam v.Paramjeet Singh & Anr.
The Delhi High Court addressed two matters: first, it condoned a minor delay in the petitioner's rectification petition. Second, the court initiated proceedings to cancel the trademark 'SARDARJI MASALE WALE NURY'. The court ordered notice to be served on all parties and directed the summoning of the complete registration record from the Trademark Registry for review.
Vidya Bhushan Jain v.Mohammed Younus Sheikh And Anr
The Delhi High Court disposed of a writ petition concerning Trademark No. 605340 after finding that the core issue had been resolved by the parties. The court noted that the trademark renewal process was completed, with the mark being renewed for another ten years. Consequently, the High Court set aside an earlier order from the Intellectual Property Appellate Board (IPAB) and allowed the petitioner's trademark to continue subsisting in the Register.
Goethe-Institut E.V. v.Abhishek Yadav & Anr.
The Delhi High Court granted an interim injunction in favor of Goethe-Institut E.V., a well-known cultural institute, against Abhishek Yadav and others. The plaintiff successfully argued that the defendant's use of similar marks like 'MAX MUELLER INSTITUTE' was likely to cause confusion among the public regarding their association with the established brand. The court found that the plaintiff had prima facie established its prior goodwill and reputation in the market for German language courses, warranting immediate protective relief pending the final trial.
Vishnu Kumar Mittal & Ors. v.Madhu Mittal & Ors.
The Delhi High Court addressed a petition filed by Vishnu Kumar Mittal & Ors. seeking the rectification or revocation of an impugned trademark registration (Application No. 1880542) in Class 35, which was granted to Respondent No. 1. The petitioners initially sought various interim injunctions and reliefs against multiple respondents, but subsequently withdrew claims against certain parties. The Court proceeded by deleting the withdrawn respondents and issued notice to the remaining parties, setting a timeline for filing replies and rejoinders.
M/S. Rashik Soap Factory v.The Registrar Of Copyright & Ors.
The Delhi High Court allowed M/S. Rashik Soap Factory to amend its ongoing petition by incorporating a subsequent trademark registration. The petitioner sought to update the court record, confirming that they had acquired ownership of Trademark No. 4176479 through an assignment deed during the pendency of the case. This order allows the petitioner to formally bring this change in IP ownership before the court, ensuring all relevant facts are on record for the ongoing litigation.
Vineet Kapur v.Registrar Of Trade Marks
The Delhi High Court allowed Vineet Kapur's appeal against the Registrar of Trade Marks' refusal to register the numerical mark '2929' for cosmetics. The court held that a combination of numbers can function as an inherently distinctive and arbitrary trademark, provided it is not descriptive or common in trade. By setting aside the rejection, the Court directed the application to proceed to advertisement, reinforcing the principle that numerals are capable of serving as effective source identifiers.
M/S Zine Davidoff S.A. v.Union Of India And Anr
The Delhi High Court ruled in favor of M/S Zine Davidoff S.A., restoring its mark 'DAVIDOFF' (No. 454875) after it had been removed by the IPAB for alleged lapse. The court found that the petitioner had renewed the mark within statutory timelines, and crucially, noted that the Trade Mark Registry failed to issue a mandatory Form O3 notice before removal. Given the Registry's admission of lacking records regarding this notice, the High Court mandated the restoration of the trademark.
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.