Trade Marks Act 1999 | Intellepedia

Delhi High Court Cancels Registration in JBR Trademark Dispute

A dramatic legal-themed illustration showing the Delhi High Court in the background, a judge’s gavel striking down a circular “JBR” emblem stamped in red with “CANCELLED,” symbolising the cancellation of trademark registration amid a court dispute.

The registration of the JBR trademark was cancelled after identity of marks and similarity of goods were found under Section 11 of the Trade Marks Act. The Registrar’s order dismissing the opposition was set aside.

Same Hair, Same Care, Same Jasmine: Too Familiar for Trade Mark and Copyright Comfort

In the case of Marico Limited vs Minolta Natural Care, the court examined whether the defendants’ Jasmine and Hair Protection hair oil products unlawfully copied the distinctive trade dress, logos, and packaging of the plaintiff’s well known Jasmine and Hair and Care hair oil products sold under the Parachute house mark, and granted interim relief to the plaintiff.

BLUE JAYS vs BLUE-JAY: Delhi HC on Bad Faith and Trans-Border Goodwill

Blue jay birds with apparel and baseball equipment

In Mr. Sumit Vijay & Anr. v. Major League Baseball Properties Inc. & Anr., the Delhi High Court clarified that global fame alone does not establish trademark rights in India. The ruling in BLUE JAYS vs BLUE-JAY underscores the need to prove use and goodwill within India to succeed in cancellation and passing off claims.

SoEasy™: Not So Easy to Trademark

SoEasy shows that it is not always so easy to refuse a mark as laudatory: once the mental-leap test was applied, the SoEasy trademark comfortably cleared the distinctiveness hurdle.

Aceclofenac Marks and the Limits of Exclusivity: The ACECLO Dispute

In the case of ACECLO versus ACECLOHEAL, aceclofenac-derived branding ran into Section 13 and the publici juris problem. Registration didn’t rescue exclusivity, and the visual and market differences did the rest.

Descriptiveness and Registrability of Composite Marks in Cancellation Proceedings

Scattered jigsaw puzzles with few puzzles with the words 'STORE', 'MY' and 'GOODS' and the images of a red house.

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 and the evidentiary role of continuous use in such disputes.

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 Allahabad graphical model and the Registrar’s reasoning on distinctiveness under the Trade Marks Act, 1999.

Not everyone’s cup of coffee! Cothas Coffee sips a trademark victory

The Bengaluru Civil Court has permanently restrained former partners of Cothas Coffee from using the mark “COTHA” for coffee businesses, citing trademark infringement and lack of bona fide use. This judgment highlights the legal standards for trademark protection and passing off under Indian law.

Monster Energy falls short of “Energy for the ‘Trademark’ Journey”

The Madras High Court rejected Monster Energy’s trademark application, finding “Energy for the Journey” was generic and lacked distinctiveness. The decision clarifies the legal threshold for trademark registrability under Indian law.

Refusal of FACT Trademark for Air/Water Purification Products Set Aside

The Madras High Court reversed the refusal of the FACT trademark for air and water purification products, noting clear sectoral distinctions from existing marks. The decision underscores the importance of distinctiveness and product classification in trademark registration.