India Trademark Cases
3,740 decisions indexed
Page 14 of 125 · 3,740 total
Oncquest Laboratories Limited v.Manish Kumar & Anr.
The Delhi High Court allowed a rectification petition filed by Oncquest Laboratories Limited, successfully challenging the registration of the identical mark 'ONCQUEST' held by the respondent. The court found that the petitioner was the prior user and adopter of the trademark since 2007, while the respondent failed to provide evidence of use for their registered mark. Furthermore, the court determined that the respondent had adopted the mark dishonestly to trade upon the established goodwill of the petitioner, leading to the cancellation of the impugned registration.
Abbott Products Operations Ag v.Ms. Aprajita Sushma Proprietor Of Alrom Pharmaceuticals Pvt. Ltd.
The Delhi High Court addressed multiple applications in the trademark dispute involving Abbott Products Operations Ag and Alrom Pharmaceuticals. The court allowed the petitioner's application seeking leave to file additional documents, while simultaneously initiating proceedings for a rectification petition concerning the 'KREOFLAT' trademark. This order sets out timelines for both parties to file replies and written synopses, moving the core dispute forward.
Vikas Abhimanyu Gupta v.Dive Marketing Private Limited
In this interim application concerning a commercial IP suit, the Bombay High Court addressed the respondent's willingness to withdraw certain trademarks. The court directed the respondent to file an affidavit from its responsible officer within one week, indicating that the matter is proceeding through procedural steps rather than a final judgment on infringement or validity.
Sun Pharmaceutical Industries Ltd & Anr. v.Janricsan Pharma P Ltd & Ors.
The Delhi High Court granted an interim injunction in favor of Sun Pharmaceutical Industries Ltd against Janricsan Pharma P Ltd. The court found a prima facie case for trademark infringement, noting the potential for dangerous public confusion due to the similarity between the parties' pharmaceutical product names. This protective order restrains the defendants from manufacturing or selling products under marks deemed deceptively similar to the plaintiffs' registered trademarks until the final hearing.
Mr. Bhushanam Rayelly / M/s.Living Seed Technologies LLP v.M/s.Karthikeya Crop Technologies
The Madras High Court allowed the petition seeking rectification of the Trade Marks Register, directing the removal of an impugned trademark (No. 4972011). The court found that the petitioner had been using their mark ('SUPER AMAN') continuously since 2009 for agricultural products like paddy, establishing prior use. Given the striking similarity between the marks and the likelihood of consumer confusion, the registration granted to the respondent was deemed without sufficient cause.
Lotus Herbals Private Limited v.Nishtu Enterprises & Ors.
The Delhi High Court allowed Lotus Herbals Private Limited to implead a new entity, Jhalak Cosmetics Store, as a defendant in its trademark infringement suit. This decision was based on the plaintiff's discovery that the new store was selling counterfeit products using the infringing 'LOTUS' mark and trade dress. Furthermore, the court extended the existing interim injunction to this newly added defendant and granted extensive powers to a Local Commissioner to conduct search, seizure, and document examination at the premises of the infringer.
Piyush Agrawal v.Velbiom Probiotics Pvt. Ltd.
The Delhi High Court issued a significant interim order in the trademark infringement suit filed by Piyush Agrawal against Velbiom Probiotics. The court granted an initial restraint, requiring the defendants to confine their use of the mark 'Happy Cultures' solely to Prebiotic and Probiotic products until further hearing. Furthermore, the plaintiff was permitted to file additional documents, while the court also exempted the case from mandatory pre-institution mediation due to its urgent nature.
Elite Gold Ltd v.The Asst Registrar Of Trade
The Calcutta High Court overturned an earlier decision that had expunged seven registered trademarks of 'KOPIKO' due to alleged lack of evidence of use. The appellant, Elite Gold Ltd, argued that they were a well-known international proprietor using their products through distributors. Recognizing the need for further evidence, the court set aside the rectification order and remanded the matter back to the Controller for a fresh hearing, allowing the appellant to adduce additional documents.
UTO Nederland B.V. v.Tilaknagar Industries Ltd.
The Bombay High Court addressed complex trademark disputes involving UTO Nederland B.V. and Tilaknagar Industries Ltd., concerning the use of marks 'MANSION HOUSE' and 'SAVOY CLUB'. The court upheld an earlier order dismissing UTO’s attempt to stop passing off, while simultaneously setting aside interim orders that had allowed certain product introductions by Tilaknagar. Crucially, the judgment mandates maintaining the current status quo regarding these marks until the main suit is finally decided, emphasizing the need for expedited trial proceedings.
Elofic Industries Limited v.Mobis India Limited
The Delhi High Court consolidated two commercial suits (CS(COMM) 17/2016 and CS(COMM) 363/2018) involving Elofic Industries Limited and Mahle Filter Systems India Private Limited versus Mobis India Limited. The court proceeded to frame detailed issues for trial, focusing heavily on whether the plaintiff's use of the defendant's trademarks qualifies as 'honest use' under Section 30(2)(d) of the Trade Marks Act, 1999. Further issues addressed the maintainability of the suit and the possibility of granting permanent injunction against criminal complaints.
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.
Guangzhou Hodm Professionals Cosmetics Co Ltd v.Registrar Of Trademarks & Anr.
The Delhi High Court issued directions in the trademark dispute concerning an allegedly forged assignment deed. Given that Respondent No. 2 filed an assignment deed which is being challenged, the court mandated that Respondent No. 1 (the Registrar) must file a detailed response within four weeks. Furthermore, the Registrar must specify the safeguards taken by the Trade Marks Registry when processing such assignments, highlighting concerns over potential fraud.
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.
Mankind Pharma Limited v.Kindwaves Healthcare Private Limited
In a trademark infringement suit, the Delhi High Court granted several interim reliefs favoring the plaintiff, Mankind Pharma Limited. The court allowed the appointment of a Local Commissioner to conduct an inventory of all products bearing the allegedly infringing mark 'KINDWAVES' at the defendant's premises. Furthermore, recognizing the urgency of the matter, the court exempted the plaintiff from mandatory pre-institution mediation and granted exemption from advance service, allowing the suit to proceed swiftly.
Bishan Purohit v.Mr Nensingh & Ors
The Delhi High Court decreed the suit in favor of Bishan Purohit following an amicable settlement reached with Defendants 1 through 4. The defendants admitted the proprietary rights of the plaintiff in registered trademarks (MONITOR LABEL & MONITEC LABEL) and trade names, agreeing to cease using deceptively similar marks like MONTEIL LABEL. Furthermore, the court also passed a decree against Defendant No. 5 due to their default and withdrawal of relevant trademark applications, reinforcing the plaintiff's exclusive rights.
M/S Kamdhenu Limited v.M/S Ashiana Ispat Limited & Ors.
The Delhi High Court allowed the defendant's application to consolidate two related commercial suits, CS(COMM) 569/2025 and CS(COMM) 130/2025. Furthermore, the court issued detailed directions requiring the defendant to file extensive documentation, including three years of accounts, Income Tax Returns, and agreements pertaining to the trademark 'AL KAMDHENU GOLD'. This order sets the stage for a deeper factual examination regarding the alleged trademark usage.
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.
Orient Electric Limited v.R. R. Kabel Limited & Anr.
The Delhi High Court addressed the petition filed by Orient Electric Limited seeking the removal/cancellation of a specific trademark registration held by R. R. Kabel Limited in Class 11. The court initiated the formal proceedings, issuing notices to the respondents and setting detailed timelines for both parties to file their respective replies and conjoint written synopsis. This order moves the case forward into the substantive phase of challenging the existing trademark registration.
Krishan Lal Bansal v.Union Of India
The Rajasthan High Court ruled in favor of the petitioner, Krishan Lal Bansal, who challenged the Registrar of Trademarks for incorrectly showing his 'Ganesh Chap' trademark status as 'Removed'. The court found that the initial registration was flawed—issued years late but confined to a past date (03.02.1996). Furthermore, the court emphasized that even if renewal was neglected, the Respondent failed in its duty by not issuing proper notices before cancellation. Consequently, the Registrar was mandated to issue a renewed trademark certificate with future validity.
Qingdao Thunderobot Technology Co. Ltd. v.Vivekananda Chintapalli
The Madras High Court allowed the petition filed by Qingdao Thunderobot Technology Co. Ltd., directing the removal of a confusingly similar trademark registration held by Vivekananda Chintapalli. The court found that the petitioner's inherently distinctive mark, used for e-gaming computer hardware, was strikingly similar to the respondent's registered mark in Class 9. Given the substantial turnover and commercial presence of the petitioner, the continued existence of the impugned entry was deemed likely to cause public confusion or deception.
M/S Sita Ram Iron Foundry And Engineering Works v.Hindustan Technocast (P) Ltd.
The Delhi High Court dismissed a rectification petition filed by M/S Sita Ram Iron Foundry against Hindustan Technocast regarding the trademark 'BADAL'. The petitioner alleged that the respondent's registration was obtained through fraud and fabricated documents. However, the court held that while anomalies in the respondent's documentation were noted, the petitioner failed to establish the veracity of their claims on the face of it. Consequently, the cancellation of the long-standing mark could not be granted without a thorough evidentiary test before the Trial Court.
UltraTech Cement Limited v.Jai Shree Krishna Cement & Anr.
The Bombay High Court allowed an interim application filed by UltraTech Cement, finding that the defendants were willfully disobeying a prior court order restraining them from using deceptively similar trademarks. To enforce compliance and stop the continuing wrong, the Court ordered the attachment of the bank accounts belonging to two defendant partners for a period of six months. This action underscores the judiciary's willingness to use stringent measures under Order XXXIX, Rule 2A CPC to protect registered well-known trademarks against persistent infringement.
Sunil Niranjan Shah v.Vijay Bahadur
The Delhi High Court addressed several interlocutory applications in a trademark infringement suit filed by Sunil Niranjan Shah against Vijay Bahadur. Crucially, the court granted the plaintiff exemption from mandatory pre-institution mediation, citing the defendant's suspicious conduct and history of similar infringing activities through related parties. The court also directed the defendant to appear physically on the next date of hearing, signaling continued judicial scrutiny over the matter.
Mankind Pharma Limited v.Caremankind Hospital Private Limited
Mankind Pharma Limited successfully secured an interim injunction against Caremankind Hospital Private Limited in the Delhi High Court. The court found a prima facie case for infringement and passing off, noting that the defendant was using identical or deceptively similar marks ('MANKIND'/'CAREMANKIND') in relation to similar services. This crucial early ruling protects Mankind Pharma's established brand equity while the main suit proceeds.
Lt Foods Limited v.Murli Flour Mills P Ltd
Lt Foods Limited successfully secured an interim injunction against Murli Flour Mills P Ltd in the Delhi High Court. The plaintiff, a major player in the rice and food category, alleged that the defendant was infringing its registered trademarks 'DAAWAT' and 'DAWAT' by using an identical mark for premium 'Jeera'. The court found a prima facie case of infringement and passing off, granting immediate relief to prevent consumer confusion while the suit proceeds.
L And T Valves Limited v.M/S Ksa Valve Control Inc. & Ors.
In a case concerning the alleged passing off of its goods, L And T Valves Limited successfully secured several critical interim reliefs from the Delhi High Court. The court exempted the plaintiff from pre-litigation mediation due to the sensitive nature of the industry (defence, aerospace, oil & gas). Crucially, the court allowed the appointment of a Local Commissioner with powers to search and seize infringing products at the defendants' premises, providing a strong procedural step in the ongoing trademark infringement suit.
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