Trademarks | Intellepedia

Will a trademark invalidity plea in response to an interim application count for Section 124?

The Madras High Court has clarified that a trademark invalidity plea under Section 124 can be made in documents beyond the written statement, such as counter affidavits in interim applications. This broad interpretation ensures that the right to seek rectification is preserved even if the written statement is forfeited.

Interesting Trademark Cases involving ‘Biriyani King’, ‘MI Sumeet’, and ‘Toofan’ Marks

This post examines recent trademark cases from the Delhi, Calcutta, and Madras High Courts, focusing on injunctions and rectification. The analysis underlines the significance of registration and consistent trademark use for legal protection in India.

Madras High Court allows Appeal under Section 91 with direction to amend word mark to label mark

The Madras High Court set aside the refusal of United Foods’ word mark YOYO, allowing amendment to a label mark under Section 91. The matter was remanded for reconsideration, reflecting a practical judicial approach in trademark appeals.

Patanjali for Education, Kenley for Water Bottles, and Head Racer Trade Dress enforcement

This post provides an analytical overview of recent Delhi High Court decisions on trademark and trade dress enforcement. Notable cases include disputes involving Patanjali, Kinley, and Head Racer, reflecting current legal trends in India.

Chand-z Vs. Chand-A For Lungis: Chand-A trademark is not infringing as the use is honest and concurrent, says the Madras High Court.

The Madras High Court ruled that the Chand-A trademark for lungis is not infringing due to honest and concurrent use. The decision clarifies key principles for establishing such use in trademark disputes.

Oracle’s proprietary word ‘Java’ cannot be used in the domain name and the company name, says the Delhi High Court

The Delhi High Court has restrained the use of ‘Java’ in domain and company names, citing trademark infringement of Oracle’s rights. The court clarified the scope of permissible use and addressed misleading references to Oracle Certification.

Where can you file Trademark Rectification Petitions? The Delhi High Court refers the question to a Larger Bench.

The Delhi High Court is reconsidering the proper jurisdiction for filing trademark rectification petitions. The question has been referred to a larger Bench for a definitive decision, with significant implications for trademark law in India.

Trademark opposition timelines are mandatory, and must be complied strictly, says the Delhi High Court

The Delhi High Court clarified that trademark opposition timelines are mandatory and not subject to extension by the Registrar. The Court reinstated an opposition abandoned due to a minor delay in service, emphasizing strict statutory compliance.

‘Sri Sharanam Ayyappa’, ‘Dengue Don’ , and ‘Raashee’, Trademark Case Decisions

This blog post reviews key trademark infringement decisions by Indian High Courts, addressing damages, confusion, and judicial reasoning. It examines cases concerning rice, pan masala, and mosquito repellant trademarks, highlighting legal principles and practical implications for brand owners.

Where can you file Trademark Rectification Petitions? The Delhi High Court refers the question to a Larger Bench

The Delhi High Court has raised an important question about the proper forum for filing trademark rectification petitions in India. The issue centres on whether jurisdiction should be limited to the High Court overseeing the relevant trademark office or extended to any High Court.