legal update | Intellepedia

Trademark Application Alone Not Enough for Infringement Suit

Comic-style image illustrating a courtroom scenario. On the left panel, a judge asks a person, "Have you used the trademark?" The person responds, "No, but I intend to!" In the right panel, the word "DENIED" appears boldly in red letters on a bright yellow background.

In Deepak Kumar Khemka v. Yogesh Kumar Jaiswal & Ors., the Delhi High Court held that filing a trademark application does not amount to trademark infringement. The Court dismissed the suit in limine, reiterating that infringement under the Trade Marks Act arises only from use in trade – not from proposed registration.

Patents (Amendment) Rules, 2019 come into effect

The Patents (Amendment) Rules, 2019 expand expedited examination eligibility and remove specific fees for PCT applicants. These changes reflect a structured approach to streamlining patent processes and increasing accessibility for diverse applicant categories.

Controller’s Public Notice to file Examination Reports

The Controller has issued a public notice requiring responses to trademark examination reports by 15th September 2017. Applicants and attorneys are advised to check the published lists and respond promptly to avoid abandonment.

McDonald’s Wins EU ‘MacCoffee’ Trademark Dispute

The EU General Court ruled in favour of McDonald’s, preventing Future Enterprises from registering ‘MacCoffee’ as an EU trademark. The court found a likelihood of consumer confusion and upheld the protection of McDonald’s established reputation.

Registrar of Trademarks issues new public notice following Delhi HC’s stay order

The Delhi High Court has stayed the abandonment of trademark applications by the Trade Mark Registry after 20 March 2016. In response, the Registrar has issued a public notice allowing applicants and agents to address examination reports or contest abandonment as per legal directives.

Delhi HC stays abandonment orders issued by the TM Registry

The Delhi High Court has stayed mass abandonment orders issued by the Trade Mark Registry following challenges to the Registry’s process and lack of applicant intimation. The case highlights concerns about compliance with statutory requirements in trademark procedures.

Trade Mark Office issues public notice regarding mass abandonment of applications

The Trade Mark Office has released a public notice addressing the mass abandonment of trademark applications due to missed responses to examination reports. Applicants have been invited to submit representations with evidence by 30th April 2016 if they believe their applications were wrongly treated as abandoned.