OLIVE Trademark Case: Delhi High Court on Section 11 & Prior User Rights
Delhi High Court refuses OLIVE trademark in Class 35, holding similarity with Class 25 marks and lack of proven prior user rights under Section 11.
Prior user rights
6 articles
When GM Modular Finds a Look-Alike: Trade Mark Rectification Against ‘GMW’
Trade mark rectification under Section 57 was allowed for removal of the ‘GMW’ mark from the Register of Trade Marks. Prior user rights in ‘GM’ were recognised for…
Prior user rights prevail over subsequent registration, reiterates court
Delhi HC cancels ‘Ragini’ label for deceptive similarity and copied trade dress, upholding prior user rights of ‘Rani’/‘Rachna’ and ordering Section 57 rectification of the register.
Newer ‘Blue-Jay’ Mark knocked off the League
The Delhi High Court has struck down the ‘BLUE-JAY’ trademark, siding with Major League Baseball against PMS Creations. The Court held that MLB’s prior use and transborder reputation…
Subsequent User’s ‘Suguna’ Trademark for Grinders Rectified Despite Proof of Use from 2001
The Madras High Court cancelled the SUGUNA trademark registration for grinders, favouring prior user rights of the petitioners with established goodwill since 1959. The respondent’s claims of honest…
Court holds that FIELDMARSHAL Trademark belongs to PM Diesel, the Prior, Continuous and Legitimate User
The Delhi High Court has ruled that the FIELDMARSHAL trademark belongs to PM Diesel, recognising its prior, continuous, and legitimate use. Thukral’s claims were dismissed, and reliefs including…