trademark law | Intellepedia

Trademark Application Alone Not Enough for Infringement Suit

Comic-style image illustrating a courtroom scenario. On the left panel, a judge asks a person, "Have you used the trademark?" The person responds, "No, but I intend to!" In the right panel, the word "DENIED" appears boldly in red letters on a bright yellow background.

In Deepak Kumar Khemka v. Yogesh Kumar Jaiswal & Ors., the Delhi High Court held that filing a trademark application does not amount to trademark infringement. The Court dismissed the suit in limine, reiterating that infringement under the Trade Marks Act arises only from use in trade – not from proposed registration.

Court delivers an ‘Iconic’ ruling in JOLLY RANCHER trademark dispute

**Alt Text:** Two cowboys face off in a sepia-toned standoff, symbolizing a trademark dispute. The cowboy on the left wears a "JOLLY RANCHER" hat and shirt, holding a candy bar. The cowboy on the right wears a "JOLLY RANGER" shirt and holds a gavel, representing legal confrontation.

Gujarat High Court quashes Shiv Textiles’ trademark suit against Iconic IP Interests LLC for lack of Indian jurisdiction and no valid cause of action under CPC.

Delhi High Court Revives Crocs’ Passing Off Suits Against Bata, Liberty Over Shape Trademark

A lineup of various footwear styles including sneakers, loafers, and a distinctive green clog resembling a Crocs shoe with cartoonish crocodile teeth, symbolizing Crocs amid competitor brands.

Delhi HC revives Crocs’ passing off suits, affirming coexistence of design and common law rights. Bata, Liberty among accused in shape trademark dispute.

Trademark Registrations are Pan-India

A satellite view of India at night with illuminated cities, highlighting the phrase "Trademarks are PAN INDIA".

The High Court reinstated an injunction in favour of Rainbow Hospitals, confirming that trademark registrations are pan-India in scope and shield brand owners from dishonest adopters, irrespective of geographical overlap.

Horizontal to Vertical inversion of letters not a ‘substantial amendment’ of trademark

Delhi High Court sets aside Registrar’s cancellation of a trademark, ruling that vertical inversion of letters is not a substantial amendment under trademark law.

Dunlop Trademark Dispute: Eight Opposed Registrations Set Aside by Calcutta High Court

Image showing Industrial factory setting with conveyor belts and workers handling tyres and materials, overlaid with the text 'Dunlop Trademark Dispute' and gavel icons, symbolising a legal dispute over trademark rights.

In a series of eight appeals concerning trademark oppositions filed by Dunlop International Limited against Glorious Investment Limited, the Calcutta High Court set aside orders passed by the Registrar of Trade Marks allowing Glorious Investment to register the mark “DUNLOP” in various classes. The Court held that the Registrar’s decisions were procedurally flawed, unreasoned, and passed in violation of natural justice.

All May Use “One for All” — But None May Own It

A digitally illustrated banner features the Three Musketeers in the center, wearing blue tunics with white crosses, brown gloves, and wide-brimmed hats, each holding a rapier. On the left side of the image, the phrase “ONE FOR ALL” appears in a playful white font, while “ALL FOR ONE” is displayed in matching style on the right. The background is a dark muted green, creating contrast that highlights both the figures and the text

In a recent decision, the Delhi High Court dismissed an appeal by Oswaal Books and Learnings Private Limited (“Oswaal Books”) challenging the refusal of their trademark application for the phrase “ONE FOR ALL.” The Court upheld the Registrar of Trade Marks’ decision, and came to the conclusion that the applied mark was devoid of any inherent or acquired distinctiveness.

Captain Morgan Prevails Over Captain Blue in Trade Mark Dispute

Two sailing ships at sea with oversized bottles (blue and amber) on their decks; text reads "Who’s the Real Captain?" with a pirate hat graphic.

The Delhi High Court has ruled in favour of Diageo’s “Captain Morgan” trademark, rejecting the registration of “Captain Blue” due to deceptive similarity and absence of bona fide use. The decision reinforces the importance of prior use and consumer recognition in trademark law.

Numerical Trademarks and Their Registrability: A Review of the 2929 Case

A stylized illustration of a black steam locomotive pulling four red cargo wagons. Each wagon is labeled with a large white number: 555, 501, 91, and 2929, respectively, from front to back. The train and its wagons symbolize the addition of "2929" numerical trademark to the existing numerical trademarks registered with the Trademark office.

The Delhi High Court has recently allowed the registration of the numerical mark ‘2929’ for cosmetic products. The Court stated that numerals can function as any other trademarks if they are distinctive. In the case, the Court overturned the decision of the Registrar of Trademarks that rejected the 2929 mark on the ground that numeral marks are not distinctive and therefore, cannot be registered.

Trademark Application Refusal Overturned in Mocemsa Case

Naturally Distinct Mocemsa Wins Appeal Against Trademark Application Refusal

Introduction In a recent decision, the Delhi High Court ruled in favor of M/S. Mocemsa Care ("Mocemsa") in its appeal against the trademark application refusal...