India Trademark Cases
3,740 decisions indexed
Page 20 of 125 · 3,740 total
Dunlop International Limited (and Dunlop Slazenger Group Ltd.) v.Glorious Investment Limited And Anr.
The Calcutta High Court set aside multiple appeals concerning the registration of the 'Dunlop' word mark. The core dispute revolved around the validity of assignments made by Dunlop India Ltd. during its liquidation period, which were used by Glorious Investment Limited to secure trademark rights in various classes. Given serious questions regarding fraud, natural justice violations, and the limited jurisdiction of the Registrar concerning assignment validity, the Court remanded all matters back for a fresh hearing after ensuring all parties are heard.
M/s. SANGEETHA CATERERS AND CONSULTANTS LLP v.M/s. NELLAI SANGEETHAS Pure Veg Restaurant
The Madras High Court ruled in favor of the plaintiff, M/s. SANGEETHA CATERERS AND CONSULTANTS LLP, finding that the defendant's use of 'NELLAI SANGEETHAS Pure Veg Restaurant' constituted deceptive similarity and trademark infringement. The court held that the impugned mark was deceptively similar to the plaintiff's registered trademarks, especially since both parties operate in the identical restaurant business. Consequently, the suit was decreed with permanent injunctions against further misuse and an order for the destruction of all infringing materials.
Levi Strauss And Co. v.Sharanjeet Singh
Levi Strauss And Co. filed a suit against Sharanjeet Singh and M/s Chilly alleging infringement, passing off, and dilution of its iconic trade marks (including 'Levis' and 'Two Horse Logo') used on apparel goods. The court found that the defendants had deceptively adopted these trademarks in relation to similar goods.
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.
Anand Sarup Sachdeva M/S Diachi International v.Rex Sewing Machine Co. Pvt Ltd.
The Delhi High Court addressed an application seeking correction of clerical errors in a previous order related to a trademark dispute. The Court found that certain discrepancies, including the petitioner's name and the scope of cancellation, were inadvertent mistakes. Consequently, the court corrected the relevant paragraphs, ensuring the restoration of M/s Daichi International's trademark registration (No. 696905) while confirming the cancellation of the respondent's mark (No. 1573729). This order clarifies the legal standing of both parties in the ongoing dispute.
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.
Grena Limited v.Axon Medical Solutions Pvt Ltd And Anr
In a recent order, the Delhi High Court addressed an opposition matter concerning the 'GRENA' trademark. The court granted status quo regarding two specific trademark registrations (No. 5661191 and 6050365) held by Respondent No. 1, ensuring no changes are made until further judicial direction. Furthermore, the respondent was given four weeks to file their replies in the ongoing litigation.
National Engineering College v.All India Council for Technical Education
This case involved a dispute between National Engineering College and the All India Council for Technical Education (AICTE) regarding the college's right to use 'National' in its name. The petitioner challenged AICTE regulations that sought to prohibit such usage, particularly those applied retrospectively. The Madras High Court ultimately ruled in favor of the college, holding that the regulatory notification was invalid and could not be applied retroactively, thereby protecting the institution's established identity.
Bhole Nath Foods Ltd v.Kirorimal Kashiram Marketing And Agencies Pvt Ltd
The Delhi High Court granted an interim stay on a Commercial Court's injunction, which had previously barred Bhole Nath Foods Ltd from using its 'Cheetal' trademark. The court found that there was no phonetic or visual similarity between 'Cheetal' and the respondent's 'Double Deer,' noting that the appellant held a valid registration dating back to 2007. This decision allows the appeal to proceed without immediate restriction on the use of the disputed mark.
Gurpal Singh v.Bhim Sain Wadhwa
The Delhi High Court addressed an application seeking to introduce historical letters and recent Income Tax Returns (ITRs) into a trademark dispute concerning the mark 'KHUSHDIL'. The court allowed the plaintiff to place on record old letters, which lend credence to the origin of the name through state functionaries. However, the request to admit ITRs spanning 2010 to 2025 was rejected due to the belated nature of the filing and adherence to commercial suit procedures. This decision allows the case to proceed with a mix of historical evidence and existing records.
Dominos Ip Holder Llc & Anr. v.M/S Dominic Pizza & Ors.
Dominos Ip Holder LLC successfully secured an interim injunction against M/S Dominic Pizza & Ors. in the Delhi High Court. The court recognized that the defendant's use of names like 'Dominic Pizza' and 'Domindo Pizza' was highly likely to cause confusion, deception, and passing off with the globally renowned Domino's brand. This preliminary order provides immediate protection for the plaintiff's trademarks while the main suit proceeds.
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.
M/s. Effra Life Science v.The Registrar of Trade Marks
The Madras High Court set aside the Registrar of Trade Marks' rejection of M/s. Effra Life Science's application for a device mark registration. The court found that despite both marks being in Class 35, the appellant's business (marketing pharmaceutical products) was fundamentally different from the cited prior mark's business (repair and installation of machinery). This distinction negated the likelihood of confusion, allowing the application to proceed to advertisement.
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.
YC Electric Vehicle v.Bhuvneesh Kapoor Proprietor Of Two Friends Auto Electric Co.
The Delhi High Court granted an interim injunction in favor of YC Electric Vehicle against Bhuvneesh Kapoor Proprietor Of Two Friends Auto Electric Co. The court found that the defendant's use of deceptively similar marks, such as 'YATRI' and 'SAHYATRI', constituted infringement of the plaintiff's renowned trademarks ('YATRI' and 'YC') and copyright associated with electric vehicles. This order provides immediate protection to YC Electric Vehicle while the main suit proceeds.
Hindustan Syringes And Medical Device and Ltd. v.Unomedical A/S and Anr.
The Delhi High Court allowed an appeal filed by Hindustan Syringes against a previous decision by the Registrar of Trademarks. The court set aside the impugned order, which had previously dismissed the opposition filed by Hindustan Syringes regarding the mark 'UNOMEDICAL'. Furthermore, based on the parties' consent, the court also allowed a rectification petition, leading to the cancellation of UNOMEDICAL's trademark registration in Class 10. This decision significantly impacts the validity and scope of the contested brand.
Epikindifi Software And Solutions Pty Ltd v.The Registrar Of Trademarks
The Delhi High Court addressed rectification petitions filed by Epikindifi Software and Solutions Pvt. Ltd. concerning the marks LEND.EZEE (No. 6174368 and 6174369). The court noted a procedural error in the filing, specifically regarding the petitioner's name. Consequently, the Court directed the petitioner to file a corrected Memo of Parties within one week. Further proceedings were scheduled after granting time for both parties to file their respective replies and rejoinders.
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.
Jan Aushadhi Sangh v.M/S. Pharmaceuticals And Medical Devices Bureau of India (PMBI)
The Delhi High Court addressed an appeal filed by Jan Aushadhi Sangh challenging a lower court's judgment that granted injunction and damages to PMBI for trademark infringement. While the core dispute over the injunction was maintained, the High Court provided relief regarding the financial aspect of the ruling. The appellant was permitted to stay the execution of the Rs. 10 lakh damage award upon depositing Rs. 5 lakhs with the court, though the injunction against further alleged infringement remains in force.
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.
Yamaha Hatsudoki Kabushiki Kaisha v.Mr. Devender Kumar And Anr.
The Calcutta High Court allowed an appeal filed by Yamaha Hatsudoki Kabushiki Kaisha against a rejection of its trademark application for 'R3' in Class 12. The court found that the original rejection failed to consider key arguments, including the appellant's claim that R3 was an associated mark and their existing portfolio of related marks (like YZF-R3). Consequently, the High Court set aside the impugned order and remanded the matter back to the Controller for a fresh hearing.
Ds Drinks And Beverages Private Limited v.Hector Beverages Private Limited
The Delhi High Court dismissed the appeal filed by Ds Drinks And Beverages Private Limited, upholding the interim injunction granted to Hector Beverages Private Limited. The court found that despite differences in surrounding words and product types (energy drink vs. juice), the core mark 'SWING' is predominant and highly similar. Given that both products are allied and sold across the same counter, the court ruled that there is a clear likelihood of customer confusion, favoring the established goodwill of Hector Beverages.
Niva Bupa Health Insurance Company Limited v.Nicenic International Group Company Limited & Ors.
Niva Bupa Health Insurance Company filed a suit seeking permanent injunction against the defendants for infringing its registered trademarks, 'Niva' and 'Bupa,' through content creation and circulation. The Delhi High Court acknowledged the trademark infringement claims and noted that the matter required specialized handling. Consequently, the court ordered the papers to be placed before the IP Division of the Court for appropriate listing.
Kpn Farm Fresh Private Limited v.The Registrar of Trade Marks
The Madras High Court overturned a rejection order issued by the Registrar of Trade Marks regarding Kpn Farm Fresh Private Limited's application for the word mark 'KPN'. The court found that the initial decision failed to consider the appellant's defense of honest and concurrent use under Section 12 of the TM Act. Consequently, the matter has been remanded back to the Registrar for fresh consideration on this crucial legal point.
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.
Raghuvar (India) Limited v.The Registrar of Trademarks
The Madras High Court dismissed the appeal filed by Raghuvar (India) Limited against the Registrar of Trademarks' decision regarding its opposition to the 'JAI HANUMAN' trademark. Although the appellant argued that their predecessor had prior, pan-India use and that a crucial assignment deed was ignored, the court ultimately found no infirmity in the original order. The rejection hinged on the lack of evidence demonstrating the appellant's actual use of the mark within South India, thereby upholding the Registrar's decision to restrict the scope of the new registration.
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.
Facing a trademark dispute?
Arctic's TM litigation team handles ~120 trademark matters per year across India, EU, and UK. From oppositions to infringement actions, we build winning arguments from precedent.