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.
Read more about Not everyone’s cup of coffee! Cothas Coffee sips a trademark victoryTag: Trade Marks Act 1999
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.
Read more about Monster Energy falls short of “Energy for the ‘Trademark’ Journey”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.
Read more about Refusal of FACT Trademark for Air/Water Purification Products Set Aside“Be mindful when exercising quasi judicial power, cryptic orders unacceptable” says Bombay High Court
The Bombay High Court ruled that cryptic and uncommunicated orders by the Registrar of Trade Marks violate procedural fairness. The court mandated a fresh review of the trademark application, reinforcing the importance of reasoned decisions in quasi judicial processes.
Read more about “Be mindful when exercising quasi judicial power, cryptic orders unacceptable” says Bombay High CourtLost in the Inbox? Delhi High Court Saves Dabur’s Trademark Application
The Delhi High Court restored Dabur’s trademark application for Odonil Mystic Rose, citing procedural lapses by the Trade Marks Registry in serving the notice of opposition. The judgment reinforces the importance of fair opportunity and natural justice in trademark proceedings.
Read more about Lost in the Inbox? Delhi High Court Saves Dabur’s Trademark ApplicationDelhi High Court Declares Hermès’ “H” a Well-Known Trademark
The Delhi High Court has declared Hermès’ “H” a well-known trademark in India after considering strong evidence of reputation and global recognition. This follows a ruling in a trademark infringement case under the Trade Marks Act, 1999.
Read more about Delhi High Court Declares Hermès’ “H” a Well-Known TrademarkWhat happens if I don’t use my Trademark?
This article examines the consequences of not using a registered trademark in India, with reference to statutory provisions and judicial decisions. It details grounds for cancellation, exceptions, and the legal meaning of ‘use’ under the Trade Marks Act, 1999.
Read more about What happens if I don’t use my Trademark?An insight into well-known trademarks
The article offers an in-depth examination of well-known trademarks in India, detailing their legal recognition and protection under the Trade Marks Act, 1999. It explains the statutory and judicial criteria for determining well-known status and discusses the broader proprietary rights associated with such trademarks.
Read more about An insight into well-known trademarksPart I: Descriptive Marks – Can They be Protected?
This post discusses the eligibility of descriptive marks for trademark protection under Indian law. It explores statutory requirements and outlines the broader legal context, setting the stage for a comparative analysis with other jurisdictions.
Read more about Part I: Descriptive Marks – Can They be Protected?An In-Depth look at the Trademark Registration Process- Part 1
This post examines the legal definition and registration process for trademarks in India under the Trade Marks Act, 1999. It outlines the acquisition and protection of trademark rights, providing a structured introduction to the statutory and procedural framework.
Read more about An In-Depth look at the Trademark Registration Process- Part 1