TRADEMARK — India Patent Cases
719 decisions indexed
Page 5 of 24 · 719 total
Diageo Scotland Limited v.Prachi Varma & Anr.
Diageo Scotland Limited successfully appealed against the rejection of its opposition to a new trademark registration, 'CAPTAIN BLUE'. The Delhi High Court ruled in favor of Diageo, finding that 'CAPTAIN BLUE' was deceptively similar and constituted an imitation of Diageo's established family of marks, particularly 'CAPTAIN MORGAN'. The court set aside the previous order and directed the removal of the infringing mark from the Register, reinforcing the protection afforded to well-known brands.
M/S Crompton Greaves Limited v.Registrar Of Trade Marks & Anr.
In this rectification case, M/S Crompton Greaves Limited sought to rectify Trademark No. 1131780 used by a respondent. However, given that the respondent had simultaneously filed an application seeking cancellation of the same trademark before the Registrar of Trade Marks, the High Court directed the Registrar to address the cancellation request directly. Consequently, the rectification application was disposed of without further proceedings.
Rajani Products v.Bhagwan Das Harwani S/o Unknown; Karishma Trading Corporation
The Rajasthan High Court allowed an appeal, quashing a lower court order that had rejected an interim injunction application. The petitioner, Rajani Products, holds a registered trademark for 'Swastik' used in edible oils. The court found prima facie evidence that the respondents were using a deceptively similar mark ('Shree Parwati Swastik'), amounting to infringement. Citing prior identical rulings in related cases, the High Court granted an ad-interim injunction, restraining the defendants from using the infringing trademark until the main suit is decided.
Vinod Kumar Lakhotiya v.The Registrar Of Trade Marks, (Govt. Of India)
In this writ petition, Vinod Kumar Lakhotiya sought judicial intervention to expedite the pending registration of his trademark 'LAKHOTIA DURGA' in Class 29. The petitioner argued that previous opposition had been resolved through a compromise and there was no longer any impediment to registration. The Rajasthan High Court agreed with the prayer, issuing a mandamus-like direction to the Registrar of Trade Marks to decide the application expeditiously, preferably within eight weeks.
Ambika Ramesh v.The Deputy Registrar Of Trade Marks
Ambika Ramesh filed a writ petition seeking intervention regarding her registered Ayurvedic product trademarks. Despite inadvertently missing the renewal deadline, she submitted a detailed representation outlining her grievances. The Kerala High Court intervened, directing the Registrar of Trade Marks to expeditiously consider and dispose of the petitioner's pending representation within 60 days, ensuring due process.
Kandamkulathy Ayurveda Vaidyasala v.The Registrar Of Trade Marks
The Kerala High Court addressed a writ petition filed by Kandamkulathy Ayurveda Vaidyasala seeking the rectification of a trademark registration held by another party. The court observed that the petitioner had already initiated proceedings for rectification before the Registrar of Trade Marks. Consequently, the High Court disposed of the writ petition but directed the Registrar to expedite the consideration and passing of orders on the existing rectification application within six weeks.
Mukesh Chand Khandelwal Trading As M/S Khandelwal Brothers v.M/S S N Biri Factory Pvt Ltd & Anr.
The Delhi High Court addressed several procedural applications in the trademark appeal filed by Mukesh Chand Khandelwal. The court condoned an eight-day delay in refiling the appeal, allowing the matter to proceed. The case challenges the Registrar's decision that dismissed the appellant's trademark application due to a successful opposition filed by the respondent.
M/s.Nirmala Transportation and Logistics Pvt. Ltd. v.Registrar of Trade Marks
The Madras High Court allowed M/s. Nirmala Transportation's appeal against the rejection of its trade mark application under Section 11(1) of the Trade Marks Act. The court found that the initial rejection failed to adequately consider the appellant's arguments regarding the distinct nature of services (goods transport vs. travel arrangements). Consequently, the impugned order was set aside and the matter was remanded for fresh consideration by the Registrar, contingent upon the appellant providing an undertaking restricting its use to goods transportation.
Kiranakart Technologies Private Limited v.Mohammad Arshad & Anr.
Kiranakart Technologies Private Limited filed a suit seeking the removal of an identical word mark, 'ZEPTO,' registered by Respondent No. 1 under Section 47 and 57 of the Trade Marks Act, 1999. The Petitioner uses 'ZEPTO' for instant grocery delivery services, while the Respondent holds the mark in Class 35 relating to mobile phone marketing. The court has initiated proceedings by issuing notices to all parties, setting the stage for a detailed examination of trademark conflict and consumer confusion.
M/S A & J Designers v.The Registrar Of Trade Marks
M/S A & J Designers successfully challenged the non-renewal of their 'Paris' trademark registration in the Kerala High Court. The petitioner argued that they were never served with the renewal notice because the respondents had mistakenly sent it to the wrong address due to a typographical error. The court found merit in this claim, allowing the writ petition and directing the competent authority to issue fresh notice and renew the registration expeditiously.
Veekesy Rubber Industries Pvt Ltd. v.Kamal Bansal
The Delhi High Court allowed a rectification petition filed by Veekesy Rubber Industries Pvt Ltd. against Kamal Bansal, directing the removal of the registered trademark 'VKG'. The court found that 'VKG' was confusingly similar to the petitioner's prior and well-established mark 'VKC', which had been used since 1985 in respect of footwear. Crucially, the court noted that the respondent failed to demonstrate actual use of the impugned mark, leading it to conclude that the registration was obtained dishonestly to trade upon the petitioner's goodwill.
M/s.Sakthi Oil Mills v.The Registrar of Trademarks
The Madras High Court ruled in favor of M/s.Sakthi Oil Mills, directing The Registrar of Trademarks to permit the renewal of the trademark 'THENALEE.' Despite the mark having lapsed, the court relied on previous judgments stating that if a trademark is not removed from the register, the owner is entitled to seek renewal. However, the petitioner was put on strict terms, including paying costs and filing the application within 30 days, to prevent future negligence.
Creativeland Advertising Private Limited v.Winzo Games Private Limited
In a dispute concerning the use and registration of the tagline "Jeeto Har Dinzo," Creativeland Advertising sought interim protection against Winzo Games, alleging misappropriation of confidential information and trademark infringement. Despite the petitioner's request for immediate injunctions, the Delhi High Court opted to refer the matter to arbitration under Section 9 of the Arbitration & Conciliation Act. The court appointed Justice Manmohan Singh as the arbitrator and directed him to expedite the proceedings within five days due to the imminent advertising campaign timeline.
Adyar Gate Hotels Limited v.ITC Limited & Anr.
The Delhi High Court set aside an ex-parte interim injunction that had restrained Adyar Gate Hotels Limited from using the trademark 'Dakshin'. The court found that the Single Judge failed to appreciate that the appellant was independently using the mark since 2015 and had shifted premises recently. This decision allows the matter to proceed on merits, requiring the appellant to file a formal response before the case is heard fully.
Allied Blenders And Distillers Limited v.Boutique Spirit Brands Private Limited
The Delhi High Court ruled in favor of Allied Blenders And Distillers Limited, granting a permanent injunction against Boutique Spirit Brands Private Limited for trademark infringement. The court found that the defendant's mark 'MYRON' was deceptively similar to the plaintiff’s established brand 'KYRON,' particularly as both were used for French Brandy. Furthermore, the court cancelled the defendant's registered trademarks ('BSB MYRON') following rectification petitions, effectively protecting the plaintiff's market exclusivity.
Punjab Fc Private Limited v.Posshusa Apparels India Private Limited
Punjab Fc Private Limited filed a petition seeking the removal (rectification) of the 'PFC' trademark registered under application no. 4611789 in Class 25, which was held by Posshusa Apparels India Private Limited. The petitioner highlighted a prior favorable judgment regarding an identical device mark. The Court accepted notice and directed that formal notices be issued to all parties, setting timelines for filing replies and rejoinders before listing the matter further.
Sammaan Capital Limited & Ors. v.Svamaan Financial Services Private Limited & Ors.
The Delhi High Court disposed of appeals filed by Sammaan Capital Ltd and Sammaan Finserv Ltd against an injunction restraining them from using marks similar to Svamaan Financial Services Pvt Ltd's registered trademarks. While the court stayed the operation of the restrictive judgment, allowing the appellants to continue their use in the interim, it imposed strict conditions. The appellants must prominently display 'Formerly known as Indiabulls' and include a clear disclaimer stating they have no connection with Svamaan Financial Services Pvt Ltd.
Shrinath Travel Agency Private Limited v.Ajay Kumar Sharma & Anr.
The Gujarat High Court allowed a rectification application filed by Shrinath Travel Agency Private Limited against Ajay Kumar Sharma & Anr. The court found that the mark registered by the respondent was deceptively similar to the applicant's long-standing trademark 'Shrinath'. Crucially, the applicant successfully demonstrated prior use of the mark since 1978, establishing significant goodwill and reputation in the travel industry. Consequently, the court directed the deletion of the infringing registration, reinforcing the importance of proving continuous prior usage rights.
Manash Lifestyle Private Limited v.Shabina Kundial & Anr.
Manash Lifestyle Private Limited successfully petitioned for the rectification and removal of a deceptively similar trade mark registered by Shabina Kundial & Anr. The petitioner, which operates under the renowned FACES brand in beauty and wellness, demonstrated extensive prior use, goodwill, and reputation associated with its marks. The court found that the impugned mark was confusingly similar to the established FACES marks and was adopted dishonestly to ride over the petitioner's reputation, leading to the cancellation of the infringing registration.
Ajp Impex Private Limited v.The Registrar Of Trademark Delhi & Anr.
The Delhi High Court granted an interim stay in favor of Ajp Impex Private Limited regarding a trademark dispute. Despite the respondent failing to appear or file a reply, the court upheld and made absolute the existing interim order from February 2025. This decision allows the petitioner to maintain protection against the impugned mark until the final resolution of the main petition.
Asia Match Company Pvt Ltd v.P.Sundaram
The Madras High Court allowed Asia Match Company Pvt Ltd to file additional documents in its rectification petition against P.Sundaram. The petitioner sought to introduce trade mark applications filed by the respondent's son, arguing they demonstrated deceptive similarity and concerted action. While the respondent raised several objections regarding relevance and timing, the court ruled that the issue of relevance could be determined during the trial phase, granting permission for filing while preserving the respondent's right to challenge admissibility later.
P.Pandian v.The Registrar of Trade Marks
The Madras High Court ruled in favor of P.Pandian, directing the Registrar of Trade Marks to allow the renewal of the trademark 'WAHEED.' The court held that because the Registrar failed to issue the mandatory notice regarding the impending expiry of the registration, the petitioner was entitled to seek renewal despite the lapse of time. This judgment reinforces the principle that administrative failure by the Registry can override strict procedural deadlines.
Interglobe Aviation Limited (Indigo) v.Mahindra Electric Automobile Limited & Anr.
The Delhi High Court allowed Interglobe Aviation Limited (Indigo) to submit crucial documentation related to its '6E' trademark registration. The plaintiff sought leave under the CPC to place on record certificates that were only obtained after the initial filing of the suit, arguing they were not in their possession at the time of litigation commencement. Given the defendants had no objection, the court granted the application, allowing the evidence to be formally included in the ongoing trademark dispute.
Anshul Vaish, Partner Rohit Wrapers v.Hari Om And Co. And Anr.
The Delhi High Court allowed a rectification petition filed by Anshul Vaish, Partner Rohit Wrapers, against Hari Om And Co. The court cancelled Respondent No. 1's registered mark because the petitioner demonstrated prior and continuous use of the dominant feature 'ROHIT' since 2000, predating the respondent's claim of use in 2005. Given the identical nature of the marks (despite language differences) and the commonality of goods, the court found that allowing the registration would inevitably cause confusion among consumers.
V.T. Varghese v.Jose Jacob and The Registrar of Trade marks
The Madras High Court dismissed the Original Petition filed by V.T. Varghese seeking rectification and removal of a registered trademark (No. 1334030). The dismissal was not based on the merits of the case, but rather due to non-prosecution, as the petitioner failed to appear before the court on multiple scheduled dates despite being given opportunities.
Purple Innovation, Llc v.Mr. Martin Davis Trading As M/S Purple Martin Mattreses And Ors.
The Delhi High Court permitted the plaintiff, Purple Innovation, LLC, to amend its plaint to incorporate details regarding three newly registered trademark applications. While the suit continues, the court noted that both parties use deceptively similar marks ('PURPLE' and 'PURPLE MARTIN') for mattresses. The court encouraged a settlement, instructing the plaintiff to consider dropping claims for costs and damages if the defendants agree to adopt a new mark.
M/s.Nico Quality Products v.M/s.N.C.Arya Snuff & Cigar Co.
This complex litigation before the Madras High Court revolves around the ownership and use of registered trademarks related to snuff and cigar products. M/s. Nico Quality Products sought permanent injunctions against alleged infringement and passing-off by M/s. N.C. Arya Snuff & Cigar Co., while other parties challenged the validity of an assignment deed. The court addressed multiple suits concerning trademark rights, including declarations regarding the legality of assignments.
Bajaj Resources Limited & Anr v.Goyal Herbals Private Limited & Ors
The Delhi High Court permitted the plaintiffs, Bajaj Resources Limited & Anr, to amend their original plaint in a trademark infringement and passing off suit. The court held that introducing subsequent trade mark registrations, evidence of enhanced goodwill, and relevant judicial records did not change the nature or character of the existing dispute. This decision allows the plaintiffs to strengthen their case by incorporating new statutory rights acquired after the suit's inception.
Abacus Montessori School v.Abacus International Montessori School; The Registrar of Trade Marks
The Madras High Court ruled in favor of Abacus Montessori School, a long-standing educational institution, by ordering the expungement of a conflicting trademark registration held by Abacus International Montessori School. The court found that despite geographical proximity and differences in scope (e.g., 'International'), the identical use of the mark 'ABACUS' for similar educational services created a likelihood of confusion. The judgment emphasized the importance of prior user rights and established goodwill over subsequent registrations.
RPG Enterprises Limited v.RPG Industrial Products Pvt Ltd.
The Delhi High Court granted a rectification petition filed by RPG Enterprises Limited against RPG Industrial Products Pvt Ltd., leading to the cancellation of the respondent's trademark registration (No. 2778255). The court found that the impugned mark wrongfully incorporated the petitioner’s well-known 'RPG' brand, which has acquired distinctiveness and secondary meaning through long-standing use across various industries. This decision reinforces the principle that a registered mark cannot be maintained if it is deceptively similar to an established, widely recognized trademark.
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