non-use of trademark | Intellepedia

Court cancels 75-Year-Old TRIUMPH Trademark for Non-Use in Favor of Triumph Motorcycles

A red Triumph motorcycle parked on a scenic road with a backdrop of green fields, forest, and majestic mountain ranges under a bright blue sky with scattered clouds.

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 aggrieved under Section 47 of the Trademarks Act, and whether the TRIUMPH mark had been unused for a statutory period justifying its cancellation.

Epifi Outspeeds F1 Trademark in Court – No Use, No Rights!

Two cars racing side-by-side toward a checkered finish line with a waving finish flag; one car with FI MONEY written on it leads as it speed past the car with F1 on it.

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 rights require genuine and ongoing use.