108 articles
The Madras High Court has clarified that a trademark invalidity plea under Section 124 can be made in documents beyond the written statement, such as counter affidavits in…
This post examines recent trademark cases from the Delhi, Calcutta, and Madras High Courts, focusing on injunctions and rectification. The analysis underlines the significance of registration and consistent…
The Madras High Court set aside the refusal of United Foods’ word mark YOYO, allowing amendment to a label mark under Section 91. The matter was remanded for…
The Madras High Court held that a system for selectively concealing physical addresses in e-commerce is not a business method under Section 3k. The decision clarifies the distinction…
The Madras High Court has overturned the Controller of Patents' refusal of a soluble foaming composition patent, highlighting procedural lapses in considering applicant submissions. The matter will now…
The Madras High Court clarified the distinction between assignment and declaration dates for proof of right under Section 7(2) of the Patents Act. This ruling guides applicants and…
The Madras High Court has set aside several patent refusal orders, highlighting the need for proper reasoning and adherence to legal procedures. These judgments clarify essential aspects of…
The Madras High Court ruled that the Chand-A trademark for lungis is not infringing due to honest and concurrent use. The decision clarifies key principles for establishing such…
The Madras High Court has set aside a patent refusal for an image construction apparatus, citing insufficient reasoning under Section 3(k) and inventive step. The Court remanded the…
This post reviews three High Court decisions reversing unreasoned patent refusals in India, focusing on Section 3(d), novelty, and inventive step. The courts stressed the need for considering…