Gaurav Mishra | Intellepedia

OLIVE Trademark Case: Delhi High Court on Section 11 & Prior User Rights

Green-themed banner featuring an olive green T-shirt shown from the back on the left, a wooden board with green, black, and red olives and a small bottle of olive oil in the center, and an olive green T-shirt on the right printed with the phrase “OLIVE YOU” against a dark green background.

Delhi High Court refuses OLIVE trademark in Class 35, holding similarity with Class 25 marks and lack of proven prior user rights under Section 11.

Indian Patent Application Trends 2020-2025: A Statistical Analysis

Banner image showing “2020–2025” on the left beside a downward staircase of percentage symbols on wooden blocks over a graph axis, with the words “Patent Statistics” on the right, representing patent filing trend analysis.

A six-year data analysis of Indian patent filing trends (2020–2025), covering state distribution, technical sectors, applicant types, and grant success rates.

A tipsy decision by the Trademark office? Court clarifies on geographical association of TAJPURIYA

A simple black and white illustration of two silhouetted figures standing together. One speech bubble says “SO?” while another larger bubble says “TAJPURIYA? That’s a tribe!” The image appears to represent a discussion or disagreement about whether the word TAJPURIYA refers to a tribal name.

In the case of M/S Ads Agro Industries Pvt Ltd vs The Registrar of Trade Marks, a liquor company applied to register the mark TAJPURIYA for alcoholic beverages. The Trade Marks Office first objected that the mark was geographical. However, in the final refusal order, it stated that TAJPURIYA was the name of an indigenous tribe associated with alcohol rituals. The High Court examined whether such a change in grounds was legally valid.

Should a pre-grant notice be issued before patent grant to facilitate filing of divisional applications? Court clarifies

Minimalist office interior with wooden shelves and books on a white wall, featuring a bold “Divide & Conquer” wall graphic under a hanging lamp above a wooden desk.

Delhi High Court clarifies that no pre-grant notice is required under Section 43 and divisional applications must be filed before patent grant.

Too good to be true: the ALPS Rosemary Water Trademark Infringement case

Delhi Court awards ₹10 lakh damages in ALPS GOODNESS trademark infringement case, holding sellers liable for counterfeiting and directing Flipkart to disable listings.

Notarized document from a foreign Country must be accepted, says Calcutta High Court in Trademark case

A person stands facing three doors labeled "Foreign Notary," "Notary" (center), and "Indian Notary," symbolizing the dilemma of choosing between different types of notarization for legal documents.

Calcutta HC rules notarized foreign documents valid without apostille in Marriott trademark opposition, reinforcing fair procedure and natural justice.

Trademark Trouble Brewing: What ‘COX 5001’ Got Wrong About ‘HAYWARDS 5000′

A bottle of Haywards 5000 beer placed centrally on a rustic stone table, surrounded by ripe red tomatoes, herbs, and a metal pot, styled like a still-life painting with warm, earthy tones.

Bombay High Court grants AB Inbev a permanent injunction against Jagpin’s “COX 5001” mark, ruling it infringes the “HAYWARDS 5000” and “FIVE THOUSAND” trademarks.

Can trademark rights exist even without continuous commercial use?

Illustration of a digital tachometer with a needle pointing to 8,000 RPM, overlaid on a blue circuit board background with flowing neon lines representing speed and technology.

Delhi Court bars use of “X1” and “X1 Racing League” over trademark infringement, upholding plaintiff’s statutory rights despite non-use.

Old Wine in New Bottle: Distillery Waste Patent Denied

Two bottles are placed side by side against a muted background. The bottle on the left is labeled "DISTILLERY WASTE" and contains a dark liquid, while the bottle on the right is labeled "PATENT DENIED" and also contains a similar dark liquid.

Delhi HC affirms rejection of a patent on ZLD process from distillery waste, citing lack of inventive step and application of Section 3(d) of the Patents Act.

Prior user rights prevail over subsequent registration, reiterates court

Cartoon-style image inspired by the Bollywood song "Saree Ke Fall Sa," featuring a woman (Sonakshi Sinha) in a neon green and pink saree and a man (Shahid Kapoor) in a grey outfit dancing against a blue background. Both are mid-step, with expressive hand gestures. Musical notes on the left include the text “Saree ke Fall ka match kiya re...”

Delhi HC cancels ‘Ragini’ label for deceptive similarity and copied trade dress, upholding prior user rights of ‘Rani’/‘Rachna’ and ordering Section 57 rectification of the register.