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…
Trade Marks Act 1999
41 articles
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…
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…
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…
“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…
Lost 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…