Trademark Law India | Intellepedia

Prakash Pipes prevails over later trademark for ‘Prakash’

The Madras High Court cancelled a later identical trademark registration, upholding Prakash Pipes’ prior rights and extensive use. The Court found the later registration was malicious and reinforced the importance of trademark non-use provisions in India.

Himalayan Organics Crumbles Before the Trademark Mountain of Himalaya

The Delhi High Court granted an interim injunction to Himalaya in its trademark dispute with Vlado Sky over the “HIMALAYAN ORGANICS” mark. The order cited probable consumer confusion and risk of dilution of Himalaya’s established brand.

DISPOWAY Trademark Disposal Set Aside: Hearing Notice Not Received

The Delhi High Court set aside the refusal of the DISPOWAY trademark application due to non-receipt of the hearing notice. The case has been remanded for a fresh hearing and correction of the application’s status.

Did Emerge Classes’ mark fail the ‘passing off’ test?

The Jammu and Kashmir High Court upheld an injunction against Emerge Classes in a trademark passing off dispute, emphasising goodwill and deceptive similarity. The Court found that overall similarity between the marks was likely to cause confusion among students.

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 reinforces the importance of fair opportunity and natural justice in trademark proceedings.

No more ‘Social’izing for Social chai

The Delhi High Court has restrained Social Chai from using the “SOCIAL” mark, finding trademark infringement and a likelihood of consumer confusion. The dispute highlights the importance of trademark protection in the restaurant industry.

Trademark removal only after notice, and Fly Hi/Timespro Injunctions

This post discusses key Indian trademark cases on removal and injunctions, with courts emphasising notice requirements for removal and granting injunctions against Fly Hi and Timespro infringers. The analysis highlights recent judicial trends in trademark protection.

Prosecution History Estoppel applies to trademark cases, confirms the Bombay High Court.

The Bombay High Court has ruled that prosecution history estoppel extends to trademark cases, impacting a party’s rights based on prior representations. Full disclosure of all prosecution material is required in trademark litigation for fair adjudication.

Trademark opposition timelines are mandatory, and must be complied strictly, says the Delhi High Court

The Delhi High Court clarified that trademark opposition timelines are mandatory and not subject to extension by the Registrar. The Court reinstated an opposition abandoned due to a minor delay in service, emphasizing strict statutory compliance.

Where can you file Trademark Rectification Petitions? The Delhi High Court refers the question to a Larger Bench

The Delhi High Court has raised an important question about the proper forum for filing trademark rectification petitions in India. The issue centres on whether jurisdiction should be limited to the High Court overseeing the relevant trademark office or extended to any High Court.