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.
Trade Marks Act 1999
35 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…
Delhi High Court Cancels Registration in JBR Trademark 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…
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…
BLUE JAYS vs BLUE-JAY: Delhi HC on Bad Faith and Trans-Border Goodwill
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…
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…
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…
Descriptiveness and Registrability of Composite Marks in Cancellation Proceedings
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…
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…
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…