Bimbo v. Bimbo: When Both Sides Waited Too Long
In the case of Bristol Bakery v. Grupo Bimbo S.A.B. de C.V., the fight was not merely about who used BIMBO first. It was also about who acted…
Indian trademark law
92 articles
Dead Company Dead Mark: Trademark cannot survive a Non Existent Owner or unrecorded trademark assignment
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…
Descriptiveness and Registrability of Composite Marks in Cancellation Proceedings
This post analyses a Delhi High Court decision on the registrability of composite marks in trademark cancellation proceedings. It underscores the importance of assessing marks as a whole…
The Bounce Trademark Dispute: Generic Marks in Salon Services
The Bounce trademark dispute highlights the complexities of enforcing rights over generic marks in the salon industry. The Madras High Court’s interim order underscores the importance of trial…
Order of the Rose: Sets Olfactory Trademark Standards
This note summarizes the Trade Marks Registry’s ‘Order of the Rose’ on registration of an olfactory trademark in India for rose-scented tyres. It explains the objections, the IIIT…
Can trademark rights exist even without continuous commercial use?
Delhi Court bars use of “X1” and “X1 Racing League” over trademark infringement, upholding plaintiff’s statutory rights despite non-use.
Court cancels 75-Year-Old TRIUMPH Trademark for Non-Use in Favor of Triumph Motorcycles
In the case of Triumph Designs Limited v. Tube Investments of India and Anr., the Calcutta High Court addressed two critical issues: whether the petitioner was a person…
Injunction in V3 Trademark Dispute Denied Over Unclean Hands
The Bombay High Court refused interim relief in the V3 trademark dispute, finding both parties had suppressed facts and acted inconsistently. The decision underscores that equitable remedies require…
Sweet victory and Sweeter rewards – court declares NUTELLA well-known Trademark
Delhi HC grants Ferrero ₹30 lakh in damages, declaring 'NUTELLA' a well-known trademark in a major counterfeit case against M.B. Enterprises.
Epifi Outspeeds F1 Trademark in Court – No Use, No Rights!
The Delhi High Court cancelled the F1 trademark held by Formula One in Class 36 for non-use in India, following Epifi’s rectification petition. The decision reaffirms that trademark…