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…
Trademark Law India
64 articles
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…
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 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…
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…
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…
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…
Trademark cases relating to Cricket Helmets, Biscuits, Edible Oil, and Tobacco
This post reviews four major trademark cases from Indian courts concerning cricket helmets, biscuits, edible oil, and tobacco. It discusses legal findings on trade dress and wordmark infringement,…
Intellectual Property Insights: Trademark Case Updates from Indian High Courts
This post examines recent Indian High Court decisions on trademark infringement and well-known trademarks, offering structured insights into their legal reasoning. It is valuable for legal professionals, businesses,…
Trademarks in the Courtroom: Noteworthy Decisions from India Part – 6
This post reviews landmark Indian High Court decisions affecting trademark law, especially on issues of distinctiveness and proper examination. The analysis demonstrates how judicial scrutiny strengthens trademark protection…