Only Officers having Quasi Judicial Authority Can Pass Trademark Orders, says the Calcutta High Court

Only Officers having Quasi Judicial Authority Can Pass Trademark Orders, says the Calcutta High Court Featured image for Only Officers having Quasi Judicial Authority Can Pass Trademark Orders, says the Calcutta High Court

The Calcutta High Court ruled in favor of Visa International Ltd., quashing orders issued by Associate Managers who lacked the legal authority under the Trade Marks Act, 1999. The court emphasized the necessity of proper authorization for quasi-judicial functions within the Trademark Registry.

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Jumbo Tramples Haathi Trademark Registration

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The Calcutta High Court ruled in favor of Girnar Food & Beverages Pvt. Ltd., overturning the Registrar’s decision and quashing the registration of a deceptively similar ‘HAATHI’ mark by Bicrampore Tea Estate. This ruling underscores the significance of consumer perception and the potential for deception in trademark disputes.

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Clarifying Product-by-Process Patent Claims in India – West Bengal Chemicals v. GTZ

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In a recent ruling, the Calcutta High Court dismissed WBCIL’s appeal seeking an interim injunction against GTZ, providing clarity on product-by-process claims under the Indian Patents Act, 1970. The judgment highlights the crucial role of expert testimony in establishing patent infringement.

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Another Dis’connected’ order by the registry, set aside by the Court

Another Dis’connected’ order by the registry, set aside by the Court Featured image for Another Dis’connected’ order by the registry, set aside by the Court

The Calcutta High Court has set aside a refusal order by a Senior Examiner of Trademarks against the registration of the trademark ‘ELECTRONICA.’ The Court directed a new hearing and a reasoned order, highlighting procedural fairness in trademark registration processes.

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The 20-Year Patent Term from the Date of Filing is Constitutionally Valid

The 20-Year Patent Term from the Date of Filing is Constitutionally Valid Featured image for The 20-Year Patent Term from the Date of Filing is Constitutionally Valid

The Calcutta High Court scrutinized the constitutional validity of Section 53 of the Patents Act. The Petitoner argued for recalculating patent term from the date of grant, contending the current provision as arbitrary. However, the Court upheld the existing framework, emphasizing legislative discretion and international compliance.

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Latest Trademark Law Decisions in India: Key Rulings and Insights – 2023

Latest Trademark Law Decisions in India: Key Rulings and Insights – 2023 Featured image for Latest Trademark Law Decisions in India: Key Rulings and Insights – 2023

Explore the latest 2023 updates in Indian trademark law. This post delves into recent court decisions, analyzing key rulings on trademark distinctiveness, registration, and infringement. Stay informed with insights and implications from pivotal cases shaping India’s trademark legal landscape.

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Deciphering India’s Design Law: A Series on Noteworthy Judgments (Part 2)

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In the second installment of our series on Design Patents in India, BananaIP Counsels presents an analysis of critical judgments that define the scope and...

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Deciphering India’s Design Law: A Series on Noteworthy Judgments (Part 1)

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Kickstarting our series on India's design law, we explore three significant verdicts that shed light on the nuances of intellectual property protection. Adoption of strikingly...

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