All set for VOMISET : Court restores trademark and allows renewal beyond deadline

The Bombay High Court restored Indi Pharma’s VOMISET trademark, permitting late renewal due to non-receipt of statutory notice. The order clarifies rights under Section 25(3) of the Trade Marks Act, 1999, and mandates timely Registrar action on such applications.

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Lost in the Inbox? Delhi High Court Saves Dabur’s Trademark Application

The Delhi High Court restored Dabur’s trademark application for Odonil Mystic Rose, citing procedural lapses by the Trade Marks Registry in serving the notice of opposition. The judgment reinforces the importance of fair opportunity and natural justice in trademark proceedings.

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Lights out for “Everyday” Lighters : Injunction in favour of EVEREADY

The Delhi High Court has issued an interim injunction against KSC Industries, restraining them from using the EVERYDAY mark, which was found similar to Eveready’s well-known EVEREADY trademarks. The Court considered visual, structural, and phonetic similarities and recognised the potential for consumer confusion.

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ITC Protects “Gold Flake” Brand: Court Halts Sale of Deceptively Similar Cigarettes

The Delhi High Court has restrained several parties from selling cigarettes using deceptively similar marks to ITC’s Gold Flake brand, citing clear infringement and passing off. This decision underscores the judicial approach to protecting well-known trademarks in India.

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Non-use of trademark is not a valid defense against injunction

The Delhi High Court ruled that non-use of a trademark does not automatically bar injunctive relief if deceptive similarity and consumer confusion are present. The Court emphasized that trademark protection persists despite periods of non-use, provided legal criteria for an injunction are satisfied.

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Exacting Standards for Pharma Trademarks and their Dominant Parts

The post discusses the high standards Indian courts apply to pharma trademark infringement, particularly the need to avoid consumer confusion between medicinal products. It highlights judicial reasoning and established legal principles on the scrutiny of dominant trademark parts in the pharmaceutical sector.

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