Trademark Cases

1,271 decisions across India

India 1,271

Page 4 of 43

trademark plaintiff favorable · Jul 31, 2025

Shri Ved Prakash Garg Trading As M/S Parul Food Products v.Mr. Dhruv Singh And Anr.

Delhi High Court · C.O. (COMM.IPD-TM) 80/2021 & C.O. (COMM.IPD-TM) 121/2022

The Delhi High Court allowed the rectification petitions filed by M/s Parul Food Products against Mr. Dhruv Singh, cancelling two registered trade marks ('FUNSHINE' and a Device Mark) in Class 30. The court found that these Impugned Marks were deceptively and identically similar to the Petitioner's established mark 'FUNFINE'. Given the Petitioner's prior use since 2005 compared to the Respondent's registration date of 2017, the judgment reinforced the principle that a prior user's rights supersede subsequent registrations when likelihood of confusion exists.
trademark plaintiff favorable · Jul 30, 2025

Hi Tech Products Private Limited v.Gopal Radios

Delhi District Court · CS (COMM) No. 159/2023

The suit was filed by Hi Tech Products Private Limited, which uses the registered trademark FALCON for electrical goods since 1977. The Plaintiff alleged that the Defendant, Gopal Radios, adopted and used the deceptively similar mark 'FALCON' on products, including counterfeit electric wires and cables. The court found in favor of the Plaintiff, granting a permanent injunction and awarding damages.
trademark defendant favorable · Jul 29, 2025

M/s. Karim Hotels Pvt. Ltd. v.Al Kareem

Madras High Court · 2025:MHC:1859 (T)OP(TM) No. 406 of 2023

In a dispute over trademark similarity, the Madras High Court addressed M/s. Karim Hotels Pvt. Ltd.'s petition seeking rectification of Al Kareem's mark 'AL Kareem'. Despite the petitioner asserting long-standing goodwill and deceptive similarity, the court ultimately favored the respondent. The judgment recognized the existing use of 'AL Kareem' in Hyderabad but imposed a crucial geographical limitation on its registration to prevent confusion outside that specific region.
trademark pending · Jul 25, 2025

Pt Tech, Llc v.The Controller of Patents, Designs and Trademarks and Anr.

Delhi High Court - Orders · W.P.(C)-IPD 34/2024 & CM 116/2024

The petition challenges the action of Respondent No.1 (Controller of Patents, Designs and Trademarks) for accepting a Counter Statement filed by Respondent No.2 beyond the statutory two-month period stipulated under the Trade Marks Act, 1999. The court noted that the matter would be heard ex-parte against Respondent No.2 due to non-appearance despite service.
trademark plaintiff favorable · Jul 25, 2025

Murarilal Harish Chandra Jaiswal Pvt ltd. v.Jaishankar

Delhi District Court · CS (COMM) 19/2021

The plaintiff, Murarilal Harish Chandra Jaiswal Pvt Ltd., claimed that its registered trademark 'HANS CHAAP' was being infringed and passed off by the defendants in relation to tobacco products. Despite initial interim injunctions, the suit proceeded despite non-appearance of several defendants. The court ultimately decreed the suit, granting a permanent injunction against Defendants 2 to 5 and awarding costs.
trademark plaintiff favorable · Jul 25, 2025

Louis Vuitton Malletier v.Ajay Aggarwal

Delhi District Court · TM No. 118/2017

The plaintiff, Louis Vuitton Malletier, filed a suit alleging that the defendant, Ajay Aggarwal, was manufacturing and selling goods using the deceptively similar trademark/label 'LV'. The court found that the defendant was violating the plaintiff's statutory and common law rights, leading to the decree in favor of the plaintiff.
trademark plaintiff favorable · Jul 24, 2025

Cipla Limited v.Union Of India Through Department Of Promotion Of Industry And Internal Trade & Anr

Delhi High Court - Orders · W.P.(C)-IPD 42/2025

The Delhi High Court ruled in favor of Cipla Limited, directing the Trademark Registry to allow the renewal of its 'TRIEXER' trademark. The core finding was that the Registry failed to serve the mandatory statutory 'O3 notice' required under the Trade Marks Act, 1999. Despite the trademark having lapsed and the petitioner failing to file timely renewals, the court emphasized this procedural lapse by the Respondent, granting Cipla a chance to regularize its mark.
trademark mixed · Jul 21, 2025

Asif Ahmad Najar v.Yasir Farooq Shirgugurie & Anr.

Delhi High Court - Orders · C.O. (COMM.IPD-TM) 165/2025

Asif Ahmad Najar filed a petition in the Delhi High Court seeking rectification of an existing trademark registration held by Respondent No. 1, which bears the name 'Baker's Hub'. The petitioner also sought a declaration establishing his prior and rightful use of the mark. The court issued notice to the respondents and directed them to file their replies within four weeks, setting the matter for further hearing in November 2025.
trademark mixed · Jul 21, 2025

M/S Nature Magic World v.The Registrar Of Trademarks & Anr.

Delhi High Court - Orders · W.P.(C)-IPD 41/2025

M/S Nature Magic World challenged the Registrar of Trademarks' failure to recognize a Deed of Assignment that transferred two trademarks, 'COLORESSENCE' and 'COLORESSENCE eyes spy', to them. The Petitioner argued that despite the assignment, the records incorrectly showed the predecessor company as the owner. The Delhi High Court disposed of the petition by directing the Registrar to consider the Petitioner's representations for correcting the ownership status within four weeks, taking into account a no-objection from the original proprietor.
trademark plaintiff favorable · Jul 18, 2025

Oncquest Laboratories Limited v.Manish Kumar & Anr.

Delhi High Court · C.O. (COMM.IPD-TM) 207/2024

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.
trademark mixed · Jul 18, 2025

Abbott Products Operations Ag v.Ms. Aprajita Sushma Proprietor Of Alrom Pharmaceuticals Pvt. Ltd.

Delhi High Court - Orders · C.O. (COMM.IPD-TM) 163/2025

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.
trademark plaintiff favorable · Jul 17, 2025

Mr. Bhushanam Rayelly / M/s.Living Seed Technologies LLP v.M/s.Karthikeya Crop Technologies

Madras High Court · OP(TM) No. 74 of 2024

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.
trademark plaintiff favorable · Jul 17, 2025

Mr. Bhushanam Rayelly / M/s.Living Seed Technologies LLP v.M/s.Karthikeya Crop Technologies

Madras High Court · OP(TM) No. 74 of 2024

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.
trademark mixed · Jul 16, 2025

Elite Gold Ltd v.The Asst Registrar Of Trade

Calcutta High Court · TMA/6/2022 IA NO: GA/1/2022

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.
trademark mixed · Jul 16, 2025

Elite Gold Ltd v.The Asst Registrar Of Trade

Calcutta High Court · TMA/6/2022 IA NO: GA/1/2022

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.
trademark plaintiff favorable · Jul 11, 2025

Ricky Rubber Industries v.The Registrar Of Trade Marks & Anr.

Delhi High Court - Orders · CM APPL.171/2025 (u/S 151 CPC) and W.P.(C)-IPD 25/2024

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.
trademark plaintiff favorable · Jul 10, 2025

Mr. Bhushanam Rayelly / M/s.Living Seed Technologies LLP v.M/s.Karthikeya Crop Technologies

Madras High Court · OP(TM) No. 74 of 2024

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.
trademark plaintiff favorable · Jul 10, 2025

Krishan Lal Bansal v.Union Of India

Rajasthan High Court - Jodhpur · 2025:Rj-Jd:30055

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.
trademark plaintiff favorable · Jul 10, 2025

Qingdao Thunderobot Technology Co. Ltd. v.Vivekananda Chintapalli

Madras High Court · OP(TM)No.3 of 2025

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.
trademark plaintiff favorable · Jul 10, 2025

M/s. K.A.S.Zainulabdin And Co. v.K.G.Subramaniam and The Registrar of Trademarks

Madras High Court · (T)OP(TM)No.247 of 2023

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.
trademark defendant favorable · Jul 9, 2025

M/S Sita Ram Iron Foundry And Engineering Works v.Hindustan Technocast (P) Ltd.

Delhi High Court · C.O. (COMM.IPD-TM) 150/2021

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.
trademark dismissed · Jul 4, 2025

Staar Surgical Company v.Jagrat Natvar Dave Trading As Polymer Technologies International & Anr.

Gujarat High Court · C/RA/103/2022

The Gujarat High Court dismissed a rectification application filed by Staar Surgical Company against the trademark 'IPC L' under No. 2511431. The court noted that despite multiple attempts by the Registry to serve notice, the applicant failed to appear or ensure proper service of process. Consequently, the application was disposed of for want of prosecution, though the petitioner retains the liberty to revive the case if difficulties are overcome.
trademark interim order · Jul 3, 2025

Dabur India Limited v.Patanjali Ayurved Limited And Anr.

Delhi High Court · CS(COMM) 1195/2024, I.A. 49744/2024 & I.A. 419/2025

Dabur India Limited filed a suit seeking permanent and mandatory injunction, alleging that Patanjali Ayurved Limited disparaged Dabur Chyawanprash and the entire market class through its advertisements (TVC and Print Advertisements) for 'Patanjali Special Chyawanprash'. The court heard interim applications regarding these ads.
trademark plaintiff favorable · Jul 3, 2025

Bhalla Sports Pvt Ltd. v.Ashutosh Bhalla M/S Vinex Enterprises Pvt. Ltd. & Anr.

Delhi High Court · C.O. (COMM.IPD-TM) 327/2022

The Delhi High Court allowed a rectification petition filed by Bhalla Sports Pvt Ltd. against Ashutosh Bhalla M/S Vinex Enterprises, directing the cancellation of an infringing trademark registration. The court found that the petitioner was the 'prior user' of the mark 'SOFT TOUCH' since 2001, which predated the respondent's application and use claims. Given the identical nature of the goods (sports goods) and the deceptive similarity of the marks, the court ruled that the subsequent registration was invalid and must be removed from the register.
trademark plaintiff favorable · Jul 1, 2025

Major League Baseball Properties Inc v.Manish Vijay & Ors.

Delhi High Court · C.O. (COMM.IPD-TM) 279/2023

Major League Baseball Properties Inc successfully petitioned for the rectification (cancellation) of the trademark 'BLUE-JAY' registered in favor of Manish Vijay & Ors. The court recognized that MLB is the prior adopter and user of the mark, having used it since 1976 globally. Despite procedural hurdles regarding previous opposition attempts, the Delhi High Court ruled that the similarity between the marks constituted an attempt to ride upon MLB's established goodwill, thereby directing the Registrar to cancel the infringing registration.
trademark The Delhi High Court vacated the interim injunction against Nilkamal Limited and others, permitting them to continue using the 'STELLA' mark on induction cooktops. · Jul 1, 2025

products and ideas india pvt ltd v.nilkamal limited

Delhi High Court · CS(COMM) 715/2024 with I.A. 37339/2024, I.A. 41462/2024, I.A. 41504/2024, I.A. 44387/2024 and I.A. 49076/2024

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.
trademark plaintiff favorable · Jun 26, 2025

M/s. The Sen Knitting Company v.K.S.Shenthil Kumar & The Registrar of Trademarks

Madras High Court · OP(TM)No.9 of 2025

The Madras High Court allowed an Original Petition filed by M/s. The Sen Knitting Company seeking rectification of a trademark registration. The court found that the impugned mark was deceptively similar to the petitioner's prior registered mark, 'SEN SPIN,' and was used for identical goods (garments). Given the petitioner's established history as the prior adopter and user, the court directed the Registrar of Trademarks to expunge the conflicting entry.
trademark mixed · Jun 26, 2025

M/s Media Monks Multimedia Holding B.V. v.M/s Pachala Murali Krishna

Madras High Court · 2025:MHC:1473 (T)OP(TM) Nos. 368 to 370, 460, 461 & 464/2023

This Madras High Court case involves multiple rectification petitions filed by M/s Media Monks Multimedia Holding B.V. against the registration of several 'MEDIA MONK' trademarks held by M/s Pachala Murali Krishna. The petitioner seeks to remove these marks, asserting its global reputation and prior use since 2001. Conversely, the respondent claims he coined and used the mark honestly in January 2009, preceding the petitioner's Indian application. The court has framed several key issues, including deceptive similarity, bad faith, and priority of adoption.
trademark defendant favorable · Jun 17, 2025

Sun Pharmaceutical Industries Limited v.K.Venkateshwara Rao

Madras High Court · (T)OP(TM)No.173 of 2023

Sun Pharmaceutical Industries Limited sought the rectification and removal of a trademark registration ('NICSON PHARMA') held by K.Venkateshwara Rao, arguing that it was deceptively similar to its own established mark 'SUN PHARMA'. The Madras High Court ultimately dismissed the petition. The court found that when comparing the two marks as a whole, there was no likelihood of confusion or deception among the average consumer, thereby upholding the validity of the rival registration.
trademark interim order · Jun 10, 2025

The Sun Products v.The Controller, Office of Controller General of Patents, Designs & Trade Marks

Madras High Court · W.P(MD)No.7950 of 2024

The Sun Products filed a Writ Petition seeking a direction to the Controller and Assistant Registrar of Trade Marks to reject the application for registration of the trade mark 'Alagumayil' by Sri Hari Agency, citing similarity with the petitioner's existing trade mark 'Mayiil Oma Water'. The court disposed of the petition by directing the official respondents to consider the objection and conduct an enquiry within eight weeks.
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