India Trademark Cases
1,271 decisions indexed
Page 1 of 43 · 1,271 total
M/S. Bipha Drug Laboratories v.Controller General Of Patent
M/S. Bipha Drug Laboratories filed a writ petition seeking the immediate issuance of its trademark registration certificate for 'SOMNA' in Class 5. Despite an order dismissing opposition in 2008, the petitioner had not received the official certificate. The Kerala High Court intervened and directed the Registrar of Trademarks to issue the certificate within two weeks. This judgment underscores the importance of statutory authorities adhering to their timelines even after favorable decisions are rendered.
Unique Enterprenuers And Finance Limited v.Really Agritech Private Limited
The appeal challenged a single judge's order that vacated an interim injunction and revoked leave granted under Section 12A of the Commercial Courts Act, 2015. The appellant claimed infringement and passing off based on the defendant using 'Really' while the appellant used 'RALLI'. The court found evidence (participation in a 2018 fair and subsequent WhatsApp exchanges) establishing that the appellant was aware of the respondent's product use since at least 2018, dismissing the appeal.
Unique Enterprenuers And Finance Limited v.Really Agritech Private Limited
The appeal challenged a judgment that revoked an interim injunction and dismissed the plaintiff's urgent relief application. The core dispute involved alleged infringement and passing off between the appellant (using 'RALLI') and the respondent (using 'Really'). The court found that the appellant was aware of the defendant's use of the mark since 2018, based on participation in a fair and subsequent WhatsApp exchanges.
Allied Blenders And Distillers Limited v.Vijayawada Distilleries Private Limited & Another
The plaintiff filed an interim application alleging infringement of its well-known trade mark, "OFFICER'S CHOICE," and related labels by the defendants who adopted deceptively similar marks like "EXECUTIVE CHOICE" and "OLD CROWN". The court examined the proprietary rights, noting that the Plaintiff had secured registrations for these marks and variants. Based on a prima facie comparison of the rival marks and evidence of deceptive similarity, the court granted ad-interim relief.
Mr. Anil Gopalji Thacker v.Mr. Davda Jaydeepkumar Jagdishchandra
The appellant (plaintiff) filed a Trademark Suit against the respondent (defendant) alleging infringement by using the similar trade name 'Kshetrapal Construction'. The appeal challenged the trial court's order rejecting the application for an interim injunction. The High Court dismissed the appeal, finding that the plaintiff failed to establish secondary meaning and had suppressed material facts.
Western Digital Technologies Inc. v.Geonix International Private Limited
The appellants (Western Digital and Seagate) manufacture Hard Disk Drives (HDDs) bearing their registered trademarks. The respondents purchase these HDDs after they reach an 'end-of-life' stage, are extracted from equipment abroad, and imported into India. The court dismissed the appeal, finding that neither trademark infringement nor reverse passing off was established.
Rajeev Prakash Agarwal v.Tata Play Limited and Others
The plaintiff, Rajeev Prakash Agarwal, sought an interim injunction restraining Tata Play Limited and others from using the mark 'ASTRO DUNIYA', alleging trademark infringement and passing-off. The Plaintiff claimed ownership of the coined mark used for astrological services since 2005. However, the court found that no prima facie case was made out for either infringement or passing off, dismissing the interim application.
Solariz Healthcare Private Limited v.The Deputy Registrar (Head Of Office)
Solariz Healthcare Private Limited challenged an order dated 28.10.2025 passed by the Senior Examiner of Trade Marks (Mumbai Branch) concerning its Trade Mark Application No. 4826903. The petitioner argued that since the 'appropriate office' was Chennai, the Mumbai-attached examiner lacked jurisdiction to pass such an order.
J Nithyanandham, Partner of M/s M.V.S.Gramany and Sons v.M/s M.V.S.Gramany and Sons (A Registered Partnership Firm)
The suit was filed by a registered partnership firm and its partners against Mr. Gautham Nithyanandham (Proprietor of M/s TVS Snuff Company) alleging infringement of the trademark 'J.S.Madras Snuff' and passing off using marks like 'M.V.S.Gramany'. The second defendant filed an application seeking reference of this dispute to arbitration, but the court dismissed the application.
Kas Zainulabdin And Co v.Gokul Chand Manoj Kumar And Sons Gm And Sons Private Limited And Anr.
This case involves a suit for infringement and passing off. The defendants argued that the plaintiff suppressed facts regarding their knowledge of the impugned product. However, the court dismissed the application seeking dispensation under Section 12A, finding that the grounds provided by the plaintiff were sufficiently explained and the cause of action was continuing and recurring in nature.
Landmark Crafts Limited v.Romil Gupta Trading As Sohan Lal Gupta & Anr.
The appellant sought rectification to cancel a registered device mark (No. 3986970) held by the respondent, alleging irregularities in its grant. The Deputy Registrar had previously cancelled the registration. The appeal before the High Court questioned whether the substitution of marks constituted a substantial alteration under the Trade Marks Act.
Asian Paints Limited v.Smt. Manju Rani Jindal And Ors.
Asian Paints Limited filed a suit against Smt. Manju Rani Jindal and others alleging infringement and passing off concerning its trade marks (ASIAN PAINTS and ASIAN). The dispute centered on the Defendants' use of the mark 'SUPER ASIAN PLUS' on paint-related goods like wall putty and cement paints. Given the Defendants' failure to contest the suit, the court decreed the suit in favor of Asian Paints.
Global Car Group Pte. Limited v.Vienna IT Solutions Private Limited
Petitioners, owners of the trademark 'Cars24' and domain 'Cars24.com', challenged an arbitral award that dismissed their complaint seeking transfer of the disputed domain name 'cars24.in'. The petitioners argued that the respondent was engaging in domain squatting and lacked bona fide use. However, the Delhi District Court dismissed the petition, finding no grounds to interfere with the original arbitral award.
Merchint Foods and Hospitality Pvt. Ltd. v.Samtani Brothers Pvt. Ltd. & Ors.
The petitioner filed a Leave Petition seeking permission under Clause XII of the Letters Patent Act to institute a suit against the respondent. The petitioner argued that despite the respondents residing outside the court's jurisdiction, the transactions and effects of trademark infringement and passing off were felt within Mumbai. The Court granted leave for the proposed suit.
Oswaal Books And Learnings Private Limited v.The Registrar Of Trade Marks
Oswaal Books appealed a refusal order by the Registrar of Trade Marks rejecting their application for registration of the mark 'ONE FOR ALL' in Class 16. The lower court held that the phrase was common and descriptive, lacking inherent distinctiveness or secondary meaning. The High Court overturned this decision, finding that the mark is suggestive rather than descriptive and capable of registration.
Amara Raja Energy And Mobility Limited v.The Registrar of Trade Marks
The appeal challenged the rejection of an application (No. 5547423) by the Registrar of Trade Marks on the ground that it was deemed abandoned due to non-filing of a counter statement against opposition No. 1323716. The appellant argued they were never properly served with the notice of opposition, as proof of actual receipt via email was lacking. The Court held that without proof of actual receipt, the time limit for filing the counter statement does not run, and consequently, the application cannot be deemed abandoned.
Rexcin Pharmaceuticals P Ltd v.Rekin Pharma P Ltd & Anr.
Rexcin Pharmaceuticals filed a suit seeking permanent injunction against Rekin Pharma regarding trademark infringement, passing off, and domain name misuse. The core dispute revolved around the similarity between 'REXCIN' (Petitioner) and 'REKIN-SP' (Respondent), particularly concerning pharmaceutical goods in Class 5. The court dismissed the interim injunction application, finding that the Petitioner failed to establish continuous use of REXCIN as a source identifier for Class 5 products.
Trackon Couriers Private Limited v.B N Srinivas
The Plaintiff, a courier service company, sought an interim injunction against the Defendant for using marks containing 'TRACK-ON' or 'TRACK-ON EXPRESS', which are confusingly similar to the Plaintiff's registered trademarks. The court found that the Plaintiff had made out a strong prima facie case and granted temporary relief.
Karan Rathore v.Registrar Of Trade Marks & Anr.
Karan Rathore appealed a decision by the Registrar of Trade Marks that dismissed his opposition against the registration of the mark 'JBR'. The dispute centered on whether 'JBR' was likely to cause confusion with Karan Rathore's pre-existing device mark used for motor parts and automotive accessories. The court allowed the appeal, finding that both marks were identical and the goods were similar enough to warrant refusal.
Siyaram Silk Mills Limited v.Stanford Siyaram Fashion Private Limited
The Plaintiff, Siyaram Silk Mills Ltd., filed a suit seeking to restrain the Defendants from infringing its registered trade mark 'Siyaram' and passing off their products. The Defendants raised defenses including prior use since 1992 and acquiescence by the Plaintiff. The Court found that the Plaintiff had a strong prima facie case, concluding that the defendants' adoption was dishonest and granting interim relief.
Mankind Pharma Limited v.Registrar Of Trade Marks
Mankind Pharma Limited appealed the Registrar of Trade Marks' refusal to register its subject trade mark, 'PETKIND', citing similarity to a prior application. The Appellant argued that their extensive use and established goodwill with marks containing 'KIND' should qualify them for higher protection. The High Court allowed the appeal, setting aside the rejection order.
Kapil Goyal v.The Registrar Of Trade Marks
Kapil Goyal appealed the refusal by The Registrar of Trade Marks to register the mark 'DOUBLE-CHOICE' under Section 91 of the Trade Marks Act, 1999. The initial rejection was based on the mark being non-distinctive and descriptive. The High Court allowed the appeal, finding that the reasoning for deeming the mark descriptive was unfounded, especially since the application was filed on a proposed-to-be-used basis.
Nadeem Majid Oomerbhoy v.Sh. Gautam Tank And Ors.
The suit was filed seeking permanent injunction against Defendants for infringing the registered Trade Mark 'POSTMAN', used for refined groundnut oil. The Plaintiffs contended that despite a temporary discontinuation, they had not abandoned the mark and it held substantial goodwill. While some issues were decided in favor of the Plaintiffs (including granting an injunction), the court recalled its previous pronouncement and directed the suit to remain pending for further determination on damages.
People Interactive India Private Limited v.Ammanamanchi Lalitha Rani And 3 Ors.
The Plaintiff, owner of the well-known matrimonial platform 'Shaadi.com', filed a suit alleging infringement of its registered trademarks and passing off against the Defendants who used the similar mark and domain name 'getshaadi.com'. The court found in favor of the Plaintiff, decreeing the suit and awarding substantial costs due to the Defendants' non-participation.
Mr. Sumit Vijay & Anr. v.Major League Baseball Properties Inc. & Anr.
The appeal challenged a Single Judge's order that struck off the registered BLUE-JAY trade mark under Section 57(2) of the Trade Marks Act, 1999. The court examined whether the removal was justified based on grounds like bad faith and prior user status.
Ipca Laboratories Limited v.Anrose Pharma
The suit was filed alleging infringement and passing off concerning the Plaintiff's registered trade mark ZERODOL. The Plaintiff argued that the Defendant's use of 'ZEROVOL-P' was deceptively similar, confusingly misleading, and aimed at capitalizing on the Plaintiff's goodwill in medicinal preparations. Given the Defendant failed to contest the suit despite being served, the Court decreed the suit.
Ravi Chauhan v.Pankaj Chauhan
The plaintiff, a registered patent and trademark agent, filed a suit for recovery of Rs. 11,000/- against the defendant. The dispute arose because the defendant failed to pay the agreed fees for filing a counter-statement in opposition to the trademark 'FULEZ'. Since the defendant remained absent despite service and was proceeded ex-parte, the plaintiff successfully proved his case.
Mandeep Singh v.Shabir Momin & Anr.
The Delhi High Court addressed several applications related to the rectification and cancellation of trademarks associated with 'Instant Bollywood.' While the court found that the petitioner had suppressed material documents indicating prior knowledge of the trademark registrations, it chose not to dismiss the interim injunction application. Instead, the court entertained the injunction but imposed a significant cost of Rs. 5 lakhs on the petitioner for the non-disclosure.
Bennett Coleman And Company Limited (Sr) v.Sony Ericsson Mobile Communications Ab and Anr.
The Calcutta High Court allowed an application for rectification, expunging a trademark registration held by Sony Ericsson Mobile Communications AB. The petitioner, Bennett Coleman And Company Limited, successfully argued that the registered mark had never been genuinely used since its inception in 2007. Relying on Section 47 of the Trademarks Act, 1999, the court found that the continued presence of the unused mark constituted a wrongful and erroneous entry, thereby favoring the petitioner's claim to prior rights.
Prabin Kumar Shah v.Manoj Kumar Jagnani And Ors
The Calcutta High Court heard an application for rectification filed by Prabin Kumar Shah seeking cancellation of Trademark No. 1553036 in Class 30. The court noted that the respondent's mark appeared to be slavishly imitating the petitioner's mark. Given the respondent's proposal to change the impugned mark (in color and font), the Court granted them an opportunity to revise it, while also directing them to adhere to a prior binding decree from the District Court at Bokaro.
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