Trademarks | Intellepedia

Dead Company Dead Mark: Trademark cannot survive a Non Existent Owner or unrecorded trademark assignment

Gravestone in a green field engraved with “Here lies a trademark that died when the company died,” symbolizing a struck-off company and the legal issue of an unrecorded trademark assignment in trademark law.

In the case of Tibbs Food Private Limited vs D Lite Frankies and Foods Private Limited, the petitioner sought removal of a trademark registered for “D Lite Frankies and Foods Private Limited.” During the proceedings it came to light that the registered proprietor company had already been struck off, and the trademark had allegedly been assigned to an individual years earlier. The court had to decide whether the registration could continue in the name of a non existent company and what effect the unrecorded assignment would have.

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.

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.

Trademark: ‘One For All’, Distinct For One? Delhi High Court Says Yes

In the case of Oswaal Books and Learnings Private Limited v. The Registrar of Trade Marks, the appellant sought registration of the mark “ONE FOR ALL” for educational publications in Class 16. The Registrar refused registration under Section 9(1)(a) on the ground that the mark was common, laudatory, and lacked distinctiveness. The Single Judge upheld the refusal. The Division Bench examined whether the expression was inherently distinctive or merely descriptive in the context of books.

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.

Job Opening Junior Trademark Associate for LLM IP Graduates

BananaIP is inviting LLM IP graduates to join its Bengaluru trademark team as a junior trademark associate, with hands-on work across prosecution, advisory, and brand protection. An ideal role for freshers who want to ground their careers in serious, high-quality IP practice.

When GM Modular Finds a Look-Alike: Trade Mark Rectification Against ‘GMW’

lat lay of modern electrical switches, sockets, and controls arranged in a grid.

Trade mark rectification under Section 57 was allowed for removal of the ‘GMW’ mark from the Register of Trade Marks. Prior user rights in ‘GM’ were recognised for identical and allied goods.

Trademark Fit Check: MISS MANGO Wears It Right, MANGO Can’t Block It

In the case of Mohamed Yusuf vs. The Registrar of Trade Marks, the appellant sought registration for a clothing brand using the device mark ‘MISS MANGO’. The Registrar rejected the application citing similarity to the word mark ‘MANGO’. The High Court found the refusal unsustainable, ruling that the marks were not confusingly similar and the generic nature of the word ‘MANGO’ raised questions about its own registrability.

Intellepedia’s Top Trademark Articles of 2025: A Year in Review

Discover key 2025 Indian trademark rulings on infringement, trade dress, intermediary liability, and procedural fairness in this roundup from Intellepedia.

Delhi High Court Cancels Registration in JBR Trademark Dispute

A dramatic legal-themed illustration showing the Delhi High Court in the background, a judge’s gavel striking down a circular “JBR” emblem stamped in red with “CANCELLED,” symbolising the cancellation of trademark registration amid a court dispute.

The registration of the JBR trademark was cancelled after identity of marks and similarity of goods were found under Section 11 of the Trade Marks Act. The Registrar’s order dismissing the opposition was set aside.