The Delhi High Court dismissed Sana Herbals’ appeal for an interim injunction against Mohsin Dehlvi and Dehlvi Remedies, holding that prior user of the NOKUF trademark by the respondents, even if followed by decades of non-use, defeats a passing off claim where goodwill never preceded the defendant’s adoption of the mark.
Read more about Can Non-Use of a Trademark Fuel a Passing Off Claim? Delhi High Court Says NoTag: trademark non-use
‘Prime’ Trademark Registration for Salt Cancelled based on Prior, Continuous Use
The Delhi High Court has cancelled the ‘PRIME’ trademark registration for salt due to Koteshwar Chemfood’s prior and continuous use. The court found non-use by the registrant for salt and ordered the rectification of the trademark registration.
Read more about ‘Prime’ Trademark Registration for Salt Cancelled based on Prior, Continuous UsePrakash 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.
Read more about Prakash Pipes prevails over later trademark for ‘Prakash’What happens if I don’t use my Trademark?
This article examines the consequences of not using a registered trademark in India, with reference to statutory provisions and judicial decisions. It details grounds for cancellation, exceptions, and the legal meaning of ‘use’ under the Trade Marks Act, 1999.
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