Executive Summary
The Delhi High Court allowed Mankind Pharma Limited's petition seeking the removal of the trademark 'NIKIND'. The court found that 'NIKIND' was confusingly similar to the petitioner's established family of marks, including 'NIMEKIND', and that its registration should be cancelled under Section 57 of the Trademarks Act. Furthermore, the judgment noted a lack of bonafide use and continuous non-use of the impugned mark for five years, leading to its removal under Section 47.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in trademark matters before Delhi High Court. Understanding the court's reasoning in Mankind Pharma Limited vs Arvind Kumar Trading And Anr. is valuable context for structuring arguments or assessing risk in similar proceedings.
Related Cases
Jaininder Jain And Ors.vsRegistrar Of Trade Marks And Ors.
Appellants filed a petition seeking removal/rectification of trade mark registrations (Nos. 376224, 384556, 463530, and 486516) allegedly made by respondents based on misrepresentation. The appeal challenged the dismissal of an interim application for staying the impugned order. The court dismissed the appeal, stating that the legality of the underlying family settlement was a matter for civil proceedings.
Ask Automotive Pvt LtdvsAshok Kumar (Manoj Mudgal)
The plaintiff company, ASK Automotive Pvt Ltd, filed a civil suit alleging that the defendant, Manoj Mudgal, was manufacturing and selling goods (brake shoes) bearing the identical or deceptively similar trademark/trade dress 'ASK', thereby infringing on the plaintiff's registered trademarks and copyrights. The court found in favor of the plaintiff, granting injunctions and awarding damages.
Toyota Jidosha Kabushiki Kaisha / Toyota Motor CorporationvsTech Square Engineering Pvt Ltd.
The Delhi High Court dismissed the rectification petitions filed by Toyota Motor Corporation against Tech Square Engineering Pvt Ltd. regarding the trademark 'ALPHARD'. Toyota sought to remove registrations held by the respondent in Classes 9, 12, and 27, arguing its global reputation. However, the court found that Toyota failed to establish sufficient goodwill or transborder reputation for 'ALPHARD' specifically within India, particularly concerning the goods registered by the respondent. The judgment emphasizes that mere foreign sales are insufficient without evidence of extensive local use and advertising.
Jrpl Riceland LlpvsCrop India Agro Pvt Ltd
The Delhi High Court granted an ex-parte ad-interim injunction favoring Jrpl Riceland LLP against Crop India Agro Pvt Ltd. The court found that the Defendant's subsequent adoption of a deceptively similar trademark ('2') for rice constituted passing off, given the Plaintiff's established goodwill and senior user status with their mark ('9090'). This interim relief prevents the defendant from using the infringing mark while the main suit proceeds.
Ask Automotive LimitedvsA.S.K. Enterprises
The plaintiff, Ask Automotive Limited, a major supplier of automotive friction products under the well-known trade mark 'ASK', filed a suit against A.S.K. Enterprises for infringement of its trademark and passing off. The court found that the defendant was illegally manufacturing and selling goods bearing the identical trademark 'ASK' to deceive the public.
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.
Disclaimer: This page contains an automated summary based on publicly available judicial records. The content is generated for informational purposes only and does not constitute legal advice. Always verify details against the original source judgment before relying on this information for any legal purpose. If you believe any information is inaccurate, please contact us.