Search Results for Tag : 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

Judgments

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

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

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: 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

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

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

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, G.....

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

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

When an iPhone is not an iPhone(04.05.2016)

The Beijing Higher People’s Court handed an inconveniently timed verdict rejecting Apple’s application for striking out the trade mark ‘iPhone’ grante.....

Tags : Apple, iphone, trade mark, china

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

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

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

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

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.....

Tags : Cigarette, gold flake, trade mark, copyright

Delhi HC: Using Another's Registered Trademark as Trade Name Constitutes Infringement(29.09.2025)

Delhi High Court clarified that under Section 29(5) of the Trade Marks Act, using a registered trademark as a trade name constitutes infringement, emp.....

Tags : Trademark, Infringement, Trade Marks Act

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

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

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

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

Olympus’ ‘3D’ mark rejected(17.12.2015)