Search Results for Tag : Trade Mark

International Cases

Olympus’ ‘3D’ mark rejected(17.12.2015)

The General Court of the European Court of Justice dismissed an application by Olympus Medical Systems to register the mark, ‘3D’. The Court concurred.....

Tags : Ecj, Olympus, trade mark, 3d

Olympus’ ‘3D’ mark rejected(17.12.2015)

The General Court of the European Court of Justice G.....

Tags : Coca cola, bottle, trade mark, relevant public

Chelsea still owns ‘José Mourinho’(30.05.2016)

Feel like you’re leaving a part of yourself behind when you leave your job? José Mourinho may be experiencing that a little too literally for his own .....

Tags : football, jose mourinho, trade mark

Hurtful or not, free speech is free(22.12.2015)

The United States Court of Appeals for the Federal Circuit ruled Section 2(a) of the Lanham (Trademark) Act, Top Story

Title of religious text not ordinarily registrable as trade mark(27.10.2015)

The Supreme Court left little room for interpretation in its ruling against registration of a trade mark in ‘Ramayan’ to be used on packaging for ince.....

Tags : Trade mark, religious text , title, public juris

News

Del HC: No Ex-Parte Injunction in TM Infringement Suit if Defendant Has Been in Market for Some Time(01.09.2023)

Delhi High Court has held that in trade mark (TM) infringement suits, where the mark has been used by defendant for any length of time, that sole fact.....

Tags : Delhi High Court, Trade Mark Infringement, Injunction

Delhi HC: Office of Controller General of Patents, Designs & Trade Marks is Industry u/s 2(j) ID Act(21.01.2020)

Delhi High Court has held that the office of a Controller General of Patents, Designs and Trade Marks is an industry under Section 2(j) of the Industr.....

Tags : Delhi High Court, Controller General of Patents, Designs & Trade Marks

Delhi HC to Trade Marks Registry: Process Needs to Be Streamlined(04.11.2019)

Delhi High Court has rapped Trade Marks Registry for complaints being filed against the delays caused in processing the registration applications and .....

Tags : Delhi HC, Trade Marks Registry

Delhi HC to Trade Marks Registry: Registration Process Needs to Be Streamlined(04.11.2019)

Delhi High Court has rapped Trade Marks Registry for complaints being filed against the delays caused in processing the registration applications and .....

Tags : Delhi HC, Trade Marks Registry

Del. HC: Section 76(3) TM Act Doesn’t Require Both the Rival Marks to be Registered CTMs(23.11.2023)

Delhi High Court while enunciating ingredients to arrive at a satisfaction that a Certification Trade Mark (CTM) had been infringed, has observed that.....

Tags : Delhi High Court, Certification Trade Mark, Infringement

Del. HC: Mere Global Reputation Not Sufficient to Answer Claim of Transborder Reputation(01.12.2023)

Delhi High Court while observing that mere global reputation/asserted goodwill of Trade Mark is not sufficient to answer a claim of transborder reputa.....

Tags : Delhi High Court, Transborder Reputation, Trade Mark

Del. HC: Plea of Invalidity Essential to Challenge Validity of Mark U/S 124 of TM Act(06.11.2023)

Delhi High Court has held that for Section 124(1) of Trade Mark Act, to apply in a case where plaintiff seeks to challenge validity of the defendant’s.....

Tags : Delhi High Court, Trade Mark, Validity

Del. HC: Use of TM by Ex-Licensee After Revocation of Licence Amounts to Infringement(08.11.2023)

Delhi High Court has held that once the Licence has been revoked, it is impermissible for ex-licence to use the Trade Mark (TM), and the same would am.....

Tags : Delhi High Court, Trade Mark, Infringement

Del. HC: Words of Common English Usage can’t be Monopolized by their Registration as Trade mark(15.12.2023)

Delhi High Court has held that commonly used words, or a non-distinctive combination of commonly used words, cannot be monopolized by any one person, .....

Tags : Delhi High Court, Trade Mark, Monopoly

Diageo and United Spirits Settles Trademark War over Black Label(29.10.2015)

Trademark tussle between Diageo Brands BV and United Spirits' McDowell & Co Ltd over “Black Label” in the Intellectual Property Appellate Board (IPAB).....

Tags : Diageo , United Spirits ,Trade mark lack Label

Del HC: Evidence by Affidavit Not Required if Documentary Evidence Sufficient to Decide WellKnown TM(10.07.2023)

Delhi High Court has held that evidence by affidavit would not be mandatory, so long as there is sufficient documentary evidence to determining the we.....

Tags : Delhi High Court, Documentary Evidence, Well-Known Trade Mark

Bombay High Court: ‘GIRNAR’ a Well Known Trademark in India(25.10.2024)

Bombay High Court has held that the popular food and beverage mark 'GIRNAR' is a well know trademark in India which has surpassed the scope of merely .....

Tags : Bombay High Court, GIRNAR, Trade Mark

Blast from the Past

Trading godly good will(23.08.1967)

Being able to exploit financially intellectual property has been recognised as vital to any country’s success and prosperity. And what prosperity must.....

Tags : Trade mark, ganesh, publici juris, religious

Delhi HC: Trademark Disputes that Arises Out of Contractual Rights and Obligations are Arbitrable(06.04.2022)

Delhi High Court has held that all the disputes arising out of the Trade Marks Agreement are not outside the scope of arbitration. The Court opined th.....

Tags : Delhi High Court, Trade Marks Agreement, arbitration, grant, registration, trademarks

Delhi HC: Concurrent Registration of Same or Similar Trademark Not Per Se Barred(11.04.2022)

Delhi High Court has held that if two Trade Marks are validly registered, both the registered proprietors can use the Trade Marks to the exclusivity o.....

Tags : Delhi High Court, Trade Marks, exclusivity

Judgments

Trade mark ruling eases Lupin’s pressure(23.12.2015)

Bombay High Court granted a motion in favour of Lupin Limited, maker of ‘Nebistar’ line of medicines. It determined Lupin’s registered mark and ‘Nebis.....

Tags : Trade mark, divisibility, comparison, pronunciation

Trade mark ruling eases Lupin’s pressure(23.12.2015)

Bombay High Court granted a motion in favour of Lupin Limited, maker of ‘Nebistar’ line of medicines. It determined Lupin’s registered mark and ‘Nebis.....

Tags : Trade mark, divisibility, comparison, pronunciation

Havells wins trade mark battle against upcoming IPO(30.04.2016)

Havells Pvt. Ltd. trade mark infringement suit against a similarly titled company survived dismissal for lacking a fresh cause of action. The suit was.....

Tags : Havells, trade mark, ipo, disclosure

High Court restrains use of fraudulently claimed mark(07.12.2015)

The Delhi High Court issued an interim injunction against the Defendant restraining it from using in any manner the Plaintiff’s mark, ‘Senge’. The Pla.....

Tags : Trade mark, logo, prior use, false documents

Passing ice cream off as biscuits and other ways to test court patience(11.04.2016)

The Bombay High Court rejected an application alleging trade mark infringement by Parle for use of the mark, ‘Londonderry’.

Putting aside .....

Tags : trade mark, phonetic, vendibility, class of goods

Commercial matters to not be kept lingering in no-contest(07.09.2015)

The Delhi High Court allowed a trade mark suit in favour of international food chain, ‘Burger King’ despite the Defendant’s non-cooperation. Arising f.....

Tags : Trade mark, summons, written statement, ex parte

Injunction granted against title phonetically similar to ‘Indian Express’(23.10.2015)

The Bombay High Court accepted arguments that the Defendant’s use of the title ‘Indian Express’ in Devnagari script for its newspaper infringed the tr.....

Tags : Indian express, title, trade mark

Levi Strauss denied use of ‘Live In’ for promotional material(02.03.2016)

The Bombay High Court prohibited Levi Strauss from using the words ‘Live In’ in connection with its clothing line, ‘Levi’s’.

The Plaintif.....

Tags : Levi strauss, live in, trade mark, deceptive

Medicinal products should be clearly distinguishable(03.06.2016)

Public interest supports a lesser degree of proof showing confusing similarity in trade mark, even if two medicinal products are not identical or of t.....

Tags : pharmaceutical, trade mark, confusing similarity, drug names

Court declines exclusive use of ‘Eagle’ in trade mark(23.09.2015)

In a case where Pantaloons was found to be riding on the goodwill of the Plaintiff in respect of its trade mark ‘American Eagle Outfitters’ and ‘Ameri.....

Tags : Pantaloons, eagle, trade mark, american

Court rules in favour of ITC in ‘Gold Flake’ dispute(29.09.2015)

Noting that NTC’s use of the trademark ‘NATIONAL GOLD FLAKE’ was either insufficient or kept clandestinely low to not attract the Petitioner’s attenti.....