India Trademark Cases
3,740 decisions indexed
Page 50 of 125 · 3,740 total
M/s.United Spirits Limited v.The Registrar of Trade Marks
The Madras High Court dismissed M/s. United Spirits Limited's petition seeking rectification of a trade mark registration. The court noted that the petitioner had assigned several marks to Grover Zampa Vineyards Limited, rendering them no longer an aggrieved party regarding the impugned mark. Consequently, the petition was dismissed, but the door remains open for the assignee to initiate proper rectification proceedings.
Prakash Ferrous Industries Private Limited v.The Registrar of Trade Marks
The appellant filed a Civil Miscellaneous Appeal challenging the Registrar of Trade Marks' refusal to register the word mark 'TIRUMALA' (Application No. 2080181). The High Court set aside the impugned order primarily because it was cryptic and lacked sufficient reasons for its decision. However, since evidence of use was not placed before the authority, the matter was remanded back to the Registrar for a reasoned decision after the appellant provides proof of use.
Mankind Pharma Limited v.4 Square Pharmaceuticals Of ... and The Registrar of Trade Marks
The Madras High Court dismissed a petition filed by Mankind Pharma Limited seeking the removal of Trademark No. 1803072 (XYDI). The court noted that the last registration for this trademark had expired on April 6, 2019. Since the underlying issue—the status of the mark's validity—had changed, the petition was deemed infructuous. Mankind Pharma was granted leave to re-apply should the trademark be restored.
Perennial Health Care India Private Limited v.Manju Bai & Ramesh Kumar M.Jain; The Registrar of Trademarks
The Madras High Court case involving Perennial Health Care India Private Limited and Manju Bai & Ramesh Kumar M.Jain was concluded when the petitioner chose to withdraw their original petitions. The petitions, which sought various remedies under the Trademarks Act, 1999, including removal of specific trademark entries in Class 5, were formally dismissed as withdrawn by the court on August 23, 2023.
Ramada International, Inc v.La-Ramada World Private Limited & Anr
The Delhi High Court reinforced the existing ex parte ad-interim injunction in favor of Ramada International, Inc against La-Ramada World Private Limited. Finding that the defendants continued unauthorized use of the 'RAMADA' mark across various digital platforms and domains despite prior court orders, the court made the injunction absolute during the pendency of the suit. Furthermore, to ensure compliance, the Court appointed a Local Commissioner with extensive powers to seize evidence, including pamphlets and server data, and mandate the shutdown of infringing social media accounts.
Phonepe Private Limited v.Digipe Fintech Private Limited
Phonepe Private Limited challenged Digipe Fintech Private Limited in the Madras High Court, seeking an interim injunction against the use of the mark 'DigiPe', alleging trademark infringement and passing off. Phonepe argued that its distinctive 'PhonePe' brand had immense goodwill and reputation in the digital payment sector. However, the court dismissed Phonepe's appeals, noting inconsistencies in the plaintiff's arguments across various legal proceedings, thereby upholding the lower court's decision.
M/s.VP Enterprises v.Assistant Registrar of Trade Marks
The Madras High Court allowed M/s.VP Enterprises' appeal, overturning the Senior Examiner's rejection of their trade mark registration application (3894824). The court found that despite objections citing conflicting marks under Section 11(1), the appellant's composite mark was distinctive and distinguishable from the cited marks. Furthermore, evidence of prior use and an existing registration for an identical device in relation to the same services supported the appeal. Consequently, the application was directed to proceed to advertisement.
United Biotech Private Limited v.Sun Pharma Laboratories Limited
The Madras High Court allowed United Biotech Private Limited's petition seeking the removal of the trade mark 'ONCONASE' (No. 447044) registered in favour of Sun Pharma Laboratories Limited. The court found that the mark had not been used since its registration, thereby satisfying the grounds for cancellation under Section 47 of the Trade Marks Act, 1999. Consequently, the Registrar was directed to remove the entry from the Register within four weeks.
Dxn Holdings Bhd v.Daehsan Trading (India) Pvt. Ltd.; The Registrar of Trade Marks
The Madras High Court dismissed two Original Petitions filed by Dxn Holdings Bhd seeking the removal of specific trademarks from the register. The court noted that the last registration date of the marks was in 2021, and crucially, the first respondent (Daehsan Trading) was found to be under liquidation. Given these developments, the petitions were deemed infructuous, though the petitioner was directed to take necessary steps for mark removal.
M/S Gm Modular Pvt Ltd v.Sh. Gopal Shinghal & Anr
The Delhi High Court allowed M/S Gm Modular Pvt Ltd's petition seeking the cancellation of the registered trademark 'GMT' held by Sh. Gopal Shinghal. The court found that 'GMT' is deceptively similar to the Petitioner's established mark 'GM', which has been in continuous use since 1999 for electrical goods. Given the prior adoption and substantial goodwill of 'GM', the registration of 'GMT' was deemed contrary to Sections 9 and 11 of the Trademarks Act, leading to its removal from the register.
Royal Challengers Sports Private Limited v.Sun Pictures A Division Of Sun Tv Network Ltd.
The Delhi High Court settled a trademark infringement suit filed by Royal Challengers Sports Private Limited against Sun Pictures. The dispute centered on the use of the RCB team jersey in a derogatory manner within the film 'Jailer.' Through mutual agreement, the court decreed that the defendants must digitally alter all depictions of the RCB jersey and sponsor branding to ensure it is not identifiable before further release, effectively resolving the brand dilution concerns.
M/s.Navketan Enterprises v.Sandeep A. Jain and The Registrar of Trade Marks
The Madras High Court dismissed the Original Petition filed by M/s. Navketan Enterprises seeking the removal of an impugned trade mark from the register. The court noted that the petitioner had been instructed to withdraw the petition, citing a deed of assignment dated July 3, 2019, which transferred ownership of the mark to them. Consequently, the proceedings were dismissed as withdrawn.
Sprng Marketing Consulting Llp v.Union Of India
The Karnataka High Court allowed Sprng Marketing Consulting Llp's petition, setting aside an earlier rejection of its trademark application 'Spring.' The court found that the petitioner was denied a fair opportunity to present further arguments after a technical glitch during a virtual hearing. Consequently, the matter has been remitted back to the Trademark Registry for fresh disposal, with a specific date set for the petitioner's appearance.
M/S.Rspl Health Private Limited v.Reckitt And Colman (Overseas) Hygiene Home Limited & Anr.
The Delhi High Court dismissed the petitions filed by M/S.Rspl Health Private Limited, which sought to have the trademark 'HARPIC DRAINXPERT' removed from the register. The court found that despite the petitioner's earlier marks, there was no likelihood of confusion among the average consumer when comparing 'XPERT' and 'HARPIC DRAINXPERT'. Furthermore, the court rejected the petitioner's plea regarding bad faith under Section 11(10)(ii), stating that such a claim requires cogent evidence beyond mere similarity.
Dolphin Mart Private Limited v.Avenue Supermarts Limited & Anr.
In this trademark infringement dispute, the Delhi High Court addressed two key applications. First, it permitted the defendants (Avenue Supermarts) to introduce crucial trademark registration certificates into evidence, noting that since these were issued post-filing of the written statement and are in the public domain, they should be admissible. Second, regarding the plaintiff's request for an interim injunction against infringement, the Court dismissed the application, finding that the plaintiff failed to establish a prima facie case or demonstrate that the balance of convenience favored them.
Saint Gobain Construction Products Uk Limited v.Cyp Rock Industries
Saint Gobain Construction Products UK challenged the registration of 'GYP-ROCK INDUSTRIES' by Cyp Rock Industries, arguing that it was deceptively similar to their established trademark 'GYPROC'. The dispute centered on potential consumer confusion in the market. However, the court accepted the respondent's affidavit, wherein they voluntarily agreed to seek cancellation and cease using the mark. Consequently, the parties were directed to proceed with the voluntary cancellation process before the Trademark Registry.
Marico Limited v.MW & Sons
The Commercial IP Suit filed by Marico Limited against MW & Sons regarding alleged trademark infringement was settled between both parties. The Court accepted the Consent Minutes of Order, leading to the disposal and decreeing of the suit in favour of the Plaintiffs.
Adhya Kumar v.Mulligan Concept Teachers Association
The petitioner, Adhya Kumar, filed a Transfer Civil Miscellaneous Appeal seeking to set aside an earlier order and restore opposition proceedings related to Trademark Application No. 3010257 in Classes 16 and 41. The appeal was ultimately closed after the court noted the prior decision by the Intellectual Property Appellate Board.
Feroke Boards Limited v.Universal Hardware
The Madras High Court allowed rectification petitions filed by Feroke Boards Limited against Universal Hardware and the Registrar of Trademarks. The court found that the petitioner had prior use rights for marks like 'FERO' and 'FEROPLY' since 1990, in a near-identical business sector (boards and construction materials). Despite the respondent's attempt to distinguish their composite marks by adding initials ('MK'), the court ruled that this adoption was not honest and was likely to cause consumer confusion. Consequently, the infringing trademark entries were removed from the register.
Produits Petroliers Organisation S.A.S. v.Narendra Kumar Gupta
The Madras High Court dismissed a petition filed by Produits Petroliers Organisation S.A.S. seeking the cancellation of the trademark 'KENNOL.' The court noted that the mark had been deemed abandoned because the first respondent failed to file a counter statement in response to the petitioner's opposition notice. Consequently, the original legal challenge became moot.
M/s.Sree Krishna Pipes v.M/s.Premier PVC Industry
The Madras High Court allowed M/s. Sree Krishna Pipes' petition, directing the removal of a conflicting trademark registration (No. 1120546) held by M/s. Premier PVC Industry. The court found that despite minor spelling differences ('PREMIER' vs 'Preemier'), both marks were used for identical goods—PVC pipes—and their near-identical nature was highly likely to cause confusion and deception among consumers. This ruling reinforces the principle of preventing consumer confusion in trademark law, even when slight variations exist.
Venus Worldwide Entertainment Private Limited v.Popular Entertainment Network (Pen) Private Limited & Anr.
The Delhi High Court dismissed the Plaintiff's application for an interim injunction, which sought to prevent Defendants from releasing a film titled 'Khiladi'. The court found that the Plaintiff failed to establish a prima facie case and determined that the balance of convenience favored the Defendants. Despite the Plaintiff claiming extensive goodwill and secondary meaning for its trademark 'KHILADI', the Court held that movie titles alone do not warrant an injunction without content similarity, ultimately allowing the disputed film's release.
V.Periasamy, Finetech Pipe Products v.V.Shanmugham, S.Sudha; The Deputy Registrar of Trademarks
The Madras High Court dismissed an Original Petition filed by V.Periasamy against V.Shanmugham and the Deputy Registrar of Trademarks. The petitioner sought to cancel a registered trademark (No. 1005460) in Class 17, alleging it was obtained unlawfully. However, due to repeated failure to appear before the court despite proper notice, the petition was dismissed for non-prosecution.
M/s.Digital Securities Pvt. Ltd. v.The Registrar of Trademarks & M/s.Kwality Ice Creams
The Madras High Court addressed an appeal challenging an order that allowed the review of a trademark registration application previously treated as abandoned for want of prosecution. The court found that while the original abandonment was based on discretion, the subsequent procedural history and lack of substantive adjudication warranted intervention. Consequently, the Registrar was directed to proceed with the application after granting both the appellant and respondent a reasonable opportunity to be heard.
Mr. Syedmohideen v.Ms.B.SulochanaBai
The Madras High Court addressed the petition filed by Mr. Syedmohideen seeking the cancellation of a registered trademark, IRUTTUKADAI. The petitioner had sought to challenge the registration of this mark held by Ms. B. Sulochana Bai. However, before any substantive hearing took place, the counsel for the petitioner informed the court that he intended to withdraw the petition. Consequently, the High Court dismissed (T)OP(TM).No.118 of 2023 as withdrawn.
Abdulla A Olia (Director of M/s Imex Industries (I) Pvt.Ltd.) v.M/s. Shri Ashapura Hardware & The Registrar of Trade Marks
The Madras High Court dismissed the Original Petition filed by Abdulla A Olia seeking rectification or removal of the registered trademark 'STAR IMEX DEVICE' (No. 1625661). The court noted that the petitioner failed to appear at multiple scheduled hearings despite receiving proper notice. Consequently, the petition was dismissed for non-prosecution.
Brundaban Sahu v.The Registrar of Trademarks and Suneel Mahanty
The Madras High Court addressed the petition filed by Brundaban Sahu against The Registrar of Trademarks concerning trademark registration no. 1550492. Although the petitioner sought rectification and removal of the entry, counsel informed the court that a settlement had been reached between all parties involved. Consequently, the court dismissed the Original Petition as withdrawn without passing any order regarding costs.
M/s.Aquasub Engineering v.M.Mandal Trading as Aqua Tech Enterprises
The Madras High Court disposed of an Original Petition filed by M/s.Aquasub Engineering seeking to rectify or cancel the registration of the trademark AQUATECH (No. 1925332). The court found that the trade mark had lapsed because its last valid registration expired on February 22, 2020, and was not renewed within the statutory period. Consequently, the Court directed the Registrar of Trade Marks to remove the entry from the register.
Kent Cables Private Limited & Ors. v.Union Of India Through Its Secretary Department For Promotion Of Industry And Internal Trade & Ors.
The Delhi High Court addressed a writ petition challenging the advertisement of 'KENT' as a well-known trademark by the Registrar of Trade Marks. The core dispute centered on jurisdictional issues, with the Respondent arguing that such challenges must be filed in the Bombay High Court. However, the Court also clarified procedural requirements for the Registrar, emphasizing that when an applicant relies on court orders to establish well-known status, the Registrar must scrutinize whether those orders constitute a specific declaration or merely preliminary observations.
Paymate (India) Private Limited v.Paymate Pty Limited; The Deputy Registrar of Trade Marks, The Trade Marks Registry, Chennai
In a significant ruling, the Madras High Court disposed of an Original Petition filed by Paymate (India) Private Limited seeking to strike off a specific trademark registration. The court found that Trademark No. 1960699 was no longer in force because its last renewal date had expired on May 5, 2020, and the long stop period for restoration had passed. Consequently, the Court directed the Deputy Registrar of Trade Marks to cancel the certificate and remove the entry from the Register.
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