India Trademark Cases
1,271 decisions indexed
Page 8 of 43 · 1,271 total
Promoshirt Sm. S.A. v.The Registrar Of Trade Marks
The Delhi High Court ruled in favor of Promoshirt Sm. S.A., directing The Registrar of Trade Marks to renew and restore a trademark application (No. 1355453). The petitioner argued that the delay in issuing the registration certificate, which occurred two years after the validity expired, prevented timely renewal. Citing precedent, the Court held that the proprietor should not be penalized for procedural lapses by the Registry, mandating the issuance of the renewal certificate and necessary database corrections.
Promoshirt Sm. S.A. v.The Registrar Of Trade Marks
The Delhi High Court ruled in favor of Promoshirt Sm. S.A., directing The Registrar of Trade Marks to renew and restore a trademark application (No. 1355453). The petitioner argued that the delay in issuing the registration certificate, which occurred two years after the validity expired, prevented timely renewal. Citing precedent, the Court held that the proprietor should not be penalized for procedural lapses by the Registry, mandating the issuance of the renewal certificate and necessary database corrections.
Promoshirt Sm. S.A. v.The Registrar Of Trade Marks
The Delhi High Court ruled in favor of Promoshirt Sm. S.A., directing The Registrar of Trade Marks to renew and restore a trademark application (No. 1355453). The petitioner argued that the delay in issuing the registration certificate, which occurred two years after the validity expired, prevented timely renewal. Citing precedent, the Court held that the proprietor should not be penalized for procedural lapses by the Registry, mandating the issuance of the renewal certificate and necessary database corrections.
Kenny Ramanand and Balasubramaniam V. v.Rehan Talat Khan and N.S. Sangolli
Kenny Ramanand and Balasubramaniam V. filed an application to set aside an arbitration award dated 10-01-2012. The dispute arose from a partnership in M/s Gambaz Foods International, involving allegations of breach of trust, financial misappropriation, and trademark disputes related to the brand 'Prawnto'.
S.Sudhakar, S.Dhinakar, Shri Lakshmi Agro Foods (W.P.(IPD).No.27) v.The Registrar of Trademarks / The Deputy Registrar of Trademarks (W.P.(IPD).No.27 & 28)
The Madras High Court addressed two related Writ Petitions concerning the trademark TM No.595393. In W.P.(IPD) No.27, the court directed the Trademark Registry to rectify entries and update the digitalized TM-I form to correctly reflect the registered proprietor's name as requested by the petitioners. For W.P.(IPD) No.28, the Court mandated that the Registrar proceed with the pending application filed by a third respondent while simultaneously considering the petitioner's representations regarding rejection of that claim, requiring appropriate orders within eight weeks.
M/s.Shaktiman Equipments Private Limited v.Union of India
The Madras High Court dismissed the writ petition filed by M/s. Shaktiman Equipments Private Limited, upholding an earlier order from the Ministry of Corporate Affairs (MCA). The core dispute involved the use of the identical trade name 'Shaktiman' by both parties. The court affirmed that since the respondent company held extensive and long-standing trademark rights for 'Shaktiman,' its continued use by the petitioner was contrary to corporate incorporation rules, regardless of differences in product categories.
M S Cothas Coffee Co. v.Ms Cotha Associates
The plaintiff, M S Cothas Coffee Co., filed a suit seeking perpetual injunction against the defendants for infringing and passing off its registered trademarks 'COTHAS COFFEE' and 'COTHAS'. The dispute arose after former partners (Defendants No. 2 and 3) retired from the firm but subsequently established a new partnership firm, M/s. Cotha Associates, using the deceptively similar trademark 'COTHA' for coffee products.
Unique Entrepreneurs And Finance Limited v.Really Agritech Pvt. Ltd.
The plaintiff filed a suit alleging that the defendant is using the deceptively similar trademark 'REALLY' against the plaintiff's registered mark 'RALLI', leading to infringement and passing off. The court granted various leaves sought by the plaintiff, including leave under Clause 12 of the Letters Patent and Section 12A of the Commercial Courts Act, allowing the suit to proceed.
Shankar Engineering Works And Ors v.Sankar Iron Engineering Works Pvt Ltd And Ors.
The plaintiffs filed a suit seeking perpetual injunction against the defendants concerning an alleged mark used by the defendants for identical products. The plaintiffs argued that there was urgency and sufficient cause to bypass the pre-mediation process.
Bry-Air (Asia) Pvt. Ltd. v.Union Of India, Through Its Secretary, Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry & Anr.
Bry-Air (Asia) Pvt. Ltd. challenged the status update issued by the Union of India, which deemed its patent application withdrawn under Section 11B(4) due to non-filing of a request for examination. The petitioner argued that this failure was solely attributable to the negligence of their erstwhile Patent Agent and not due to any fault or lack of intent on their part. Citing previous judgments where courts extended time in such circumstances, the Delhi High Court allowed the petition. Consequently, the court quashed the deemed withdrawal status and directed the Indian Patent Office to restore the application and allow the petitioner a chance to proceed with examination.
Sh Nirmal Kumar @ Nirmal Kumar Gupta & Ors. v.State(Govt. Of Nct Of Delhi) And Anr.
The Delhi High Court issued a significant order rectifying entries in the Trade Marks Register concerning two trademarks (No. 1116678 and No. 2091984). Following mediation settlement, the court restored M/s Rattan Milk Specialities Private Limited as the original proprietor of TM No. 1116678, cancelling previous entries in favor of Nirmal Kumar. The court also rectified the entry related to TM No. 2094984. While the petitioners sought quashing of an FIR, the primary focus was on correcting the trademark ownership records based on the settlement terms.
Rahul Kapoor Trading As Royal Field And Co. v.Naresh Kumar Trading As Ms Nutan Malleables
The Delhi High Court addressed procedural applications in a trademark rectification case concerning the mark 'ROYAL'. While granting an exemption from filing certified copies, the court also accepted the application for condonation of 143 days of delay. The core petition seeks to rectify the trademark 'ROYAL' based on the discovery of a competing registered mark owned by the respondent, arguing likelihood of confusion among consumers.
Koteshwar Chemfood Industries Pvt. Ltd. v.Sachdeva And Sons Industres Pvt. Ltd.
The Delhi High Court granted rectification in favor of the petitioner, Koteshwar Chemfood Industries Pvt. Ltd., regarding the disputed trademark 'PRIME'. The court found that the respondent's registration for 'PRIME' should be limited to rice and allied goods, specifically deleting salt and spices from its scope. This decision was based on the petitioner's long-standing use of the mark in Class 30 (iodized salt) since 1995, establishing prior goodwill and preventing consumer confusion.
Mrs Arti Gupta & Anr. v.Puran Rana & Anr.
The Delhi High Court allowed a rectification petition filed by Mrs Arti Gupta against Puran Rana, leading to the cancellation of the trademark 'KONVIO NEER' registered in Class 35. The court found that the petitioner was the prior adopter and user of the mark since 2018, while the respondent obtained registration much later in 2022. Citing provisions of the Trade Marks Act, 1999, the High Court ruled that the subsequent registration by the respondent was not made in good faith and constituted a contravention of statutory rights.
Gm Modular Pvt. Ltd. v.Mumtaz Ahmed & Anr.
The Delhi High Court addressed an application filed by Gm Modular Pvt. Ltd. seeking the removal or rectification of the registered trademark 'GMW' (No. 1978669) from the Register, alleging that it is deceptively and confusingly similar to their own mark. The court accepted notice and directed that respondent no. 1 be served with notice, allowing them four weeks to file a reply. This order sets the stage for further litigation on trademark infringement and rectification grounds.
Wellcon Animal Health Pvt Ltd v.M/S. Welldorf Labs & Ors.
In a significant development for trademark disputes, the Delhi High Court allowed Wellcon Animal Health Pvt Ltd to proceed with its petition seeking rectification of the mark 'APTIFAST'. The court accepted the respondent's instruction to voluntarily withdraw the registered trademark. Consequently, the petitioner's case was disposed of on the condition that the respondents formally file an application for withdrawal within three weeks, ensuring the mark is struck off the register.
T.N.Janarthanan Trading as Namma Veetu Kalyanam Catering v.Mr.N.Venkatesan; The Registrar of Trade Marks
The Madras High Court dismissed Original Petitions (OP(TM)/38 & 40/2024) filed by T.N.Janarthanan seeking rectification of trade marks registered by Mr. N. Venkatesan, as the respondent had initiated cancellation proceedings before the Registrar of Trade Marks. However, in a subsequent order, the Court directed the Registry to take necessary action regarding pending rectification applications and clarified that these matters pertain to the Chennai Trade Marks Registry, not New Delhi.
T.N.Janarthanan Trading as Namma Veetu Kalyanam Catering v.Mr.N.Venkatesan; The Registrar of Trade Marks
The Madras High Court dismissed two original petitions (OP(TM)/38 & 40/2024) filed by T.N.Janarthanan seeking the rectification and cancellation of trade marks registered by Mr. N. Venkatesan. The court noted that the first respondent had subsequently initiated applications for the cancellation of the disputed registrations before the Registrar of Trade Marks. Since the underlying issue was being addressed through administrative channels, the petitions were deemed infructuous.
Ms. Bhupinder Mehta v.Sh Pradeep Bareja & Anr.
The Delhi High Court initiated proceedings seeking the rectification/cancellation of the trademark 'BSM' (Application No. 5149074) in Class-11. The petitioner alleged that the respondent dishonestly adopted a deceptively similar mark, which was identical to her prior registered trademark. While some procedural applications were disposed of, the court formally issued notice to all respondents and set a timeline for filing replies, moving the core dispute forward.
products and ideas india pvt ltd v.nilkamal limited
M/S Products And Ideas (India) Pvt. Ltd. sued Nilkamal Limited and others for trademark infringement, alleging unauthorized use of the 'STELLA' mark on induction cooktops, despite having a license to use 'STELLADEXIN'. The plaintiff claimed prior registration and significant sales under the 'STELLADEXIN' mark.
Hyundai Motor India Limited v.Aaa Teleshoping Pvt Ltd
The Delhi High Court granted a rectification petition filed by Hyundai Motor India Limited, leading to the cancellation of a similar trademark registration held by Aaa Teleshoping Pvt Ltd. The court found that the respondent's mark was identical and confusingly similar to Hyundai’s prior and extensively used 'ELANTRA' brand in the automotive sector. This ruling reinforces the principle that prior adoption and continuous use grant exclusive rights, even when goods are in different classes but related.
Wipro Chandrika Private Limited v.Soji Thomas
The Madras High Court allowed the petition filed by Wipro Chandrika Private Limited seeking rectification of the trademark register against Soji Thomas. The court directed the Registrar of Trademarks to remove and cancel the trade mark 'CHANDRA' (Trade Mark No. 4628777) from Class 3, based on a prior settlement agreement between the parties. This decision effectively cleared the path for the petitioner by removing the conflicting registration.
Veekesy Rubber Industries Pvt. Ltd. v.Vijay Kalra And Anr.
The Delhi High Court disposed of a trademark dispute between Veekesy Rubber Industries Pvt. Ltd. and Vijay Kalra And Anr., based on an amicable settlement reached by both parties. The settlement agreement mandated that Respondent No. 1 acknowledge the exclusive rights of the petitioner in 'VKC' marks and cease using similar trademarks like 'VKV'. Crucially, the court directed the Trademark Registry to process the withdrawal and subsequent rectification/removal of the infringing trademark from the register.
Sun Pharma Laboratories Limited v.Jyotiben Hareshbhai Chovatiya and Ors.
The Plaintiff sought permission to add several associated entities (Defendants No. 4 to 6) as party defendants, alleging they were involved in dealing with goods bearing an impugned trade mark 'NEUROGABA'. The Court found that these parties were necessary and proper for the adjudication of the matter.
Nnova And Company v.Nitin Gupta Trading As Krishna Agencies
The Delhi High Court allowed a rectification petition following a settlement between Nnova And Company and Nitin Gupta Trading As Krishna Agencies. The court cancelled the registered trademark 'GLOWNOWO' (No. 3830607) in Class-03, which was deemed deceptively similar to the petitioner's mark NOVA. In exchange, the respondent agreed not to use any confusingly similar marks and committed to using a specific label format for 'Glownow', ensuring distinctiveness from the original brand.
Jaisuryas Retail Ventures Pvt. Ltd. v.The Registrar of Trade Marks
Jaisuryas Retail Ventures Pvt. Ltd. filed multiple writ petitions seeking directions to the Registrar of Trade Marks to permit the filing of renewal applications for several registered trademarks. The petitioner argued that due to the failure of the Registrar to issue timely notice, they were entitled to renew the marks as a successor-in-interest. The Court held that while the lapse by the Registrar is noted, the petitioner must first register the assignment deed before applying for renewal.
Vijay Baweja Proprietor Of M/S Vijay Auto Sales v.Ajay Baweja Trading As Ajay Auto Spares & Anr.
The Delhi High Court referred a trademark dispute between Vijay Baweja and Ajay Baweja to the Mediation and Conciliation Centre. The petitioner sought rectification of their 'AIRGOLD' trademark and cancellation of the respondent's similar mark, 'AIR GOLD (DEVICE)', both registered in Class 12. This move indicates the court is encouraging parties to resolve complex IP conflicts through alternative dispute resolution before proceeding with a full trial.
Murali Lal Harish Chandra Jaiswal Pvt. Ltd. v.Karthikeyan Manishekar
The Madras High Court allowed a petition seeking the rectification and removal of the trademark 'HANS VENBA' (No. 3917470) following a settlement reached between the petitioner, Murali Lal Harish Chandra Jaiswal Pvt. Ltd., and the first respondent, Karthikeyan Manishekar. The court confirmed that the registration would be cancelled as per the terms of the memorandum of settlement executed on August 7, 2024. Consequently, the Registrar of Trade Marks was directed to remove the entry from the register within four weeks.
Murali Lal Harish Chandra Jaiswal Pvt. Ltd. v.Karthikeyan Manishekar
The Madras High Court allowed a petition seeking the rectification and removal of the trademark 'HANS VENBA' (No. 3917470) following a settlement reached between the petitioner, Murali Lal Harish Chandra Jaiswal Pvt. Ltd., and the first respondent, Karthikeyan Manishekar. The court confirmed that the registration would be cancelled as per the terms of the memorandum of settlement executed on August 7, 2024. Consequently, the Registrar of Trade Marks was directed to remove the entry from the register within four weeks.
Shri Rajesh Chugh v.Mehruddin Ansari & Anr.
The Delhi High Court allowed a petition filed by Shri Rajesh Chugh against Mehruddin Ansari & Anr., directing the cancellation of the rival trademark ANDAAZ-E-NIZAAM. The court accepted the respondent's admission that the mark had been abandoned due to non-use, despite its initial similarity to the petitioner's established brand NIZAM'S. This ruling underscores the importance of continuous use and good faith in maintaining a registered trademark.
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