Trademark rectification

Prior user rights prevail over subsequent registration, reiterates court

Cartoon-style image inspired by the Bollywood song "Saree Ke Fall Sa," featuring a woman (Sonakshi Sinha) in a neon green and pink saree and a man (Shahid Kapoor) in a grey outfit dancing against a blue background. Both are mid-step, with expressive hand gestures. Musical notes on the left include the text “Saree ke Fall ka match kiya re...”

Delhi HC cancels ‘Ragini’ label for deceptive similarity and copied trade dress, upholding prior user rights of ‘Rani’/‘Rachna’ and ordering Section 57 rectification of the register.

Newer ‘Blue-Jay’ Mark knocked off the League

The Delhi High Court has struck down the ‘BLUE-JAY’ trademark, siding with Major League Baseball against PMS Creations. The Court held that MLB’s prior use and transborder reputation trumped the respondents’ registration, which was tainted by dishonesty and bad faith.

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.

Non Use of Trademark Leads to Cancellation: Delhi High Court favors Zepto

Non-Use of Trademark Leads to Cancellation: Delhi HC Favors Zepto

The Delhi High Court, in an ex-parte decision, ordered the removal of the ‘ZEPTO’ trademark registered by Mohammad Arshad in Class 35, upholding Kiranakart’s claim of non-use. The judgment affirms that trademarks must be actively used to retain validity under Section 47 of the Trade Marks Act.

“DREAM FREEDOM” Trademark removed from register for Deceptive Similarity

The Delhi High Court ruled in favor of Gemini Edibles and Fats India Ltd. in a trademark rectification petition, directing the removal of the “DREAM FREEDOM” mark from the Register of Trade Marks. The court found that the respondent had deceptively adopted the mark and trade dress of Gemini’s “FREEDOM” brand, leading to potential consumer confusion. The ruling reinforced the principles of prior use and deceptive similarity in trademark law.

Court directs cancellation of “STAR” Trademark for lack of honest and concurrent use

The Madras High Court cancelled the STAR trademark held by S Star Trading Co., recognising the Petitioner’s prior use and distinctiveness. The Court found the Respondent’s adoption of the mark dishonest and likely to cause confusion, directing cancellation for lack of honest and concurrent use.

CIT Trademark: Coimbatore Institute of Technology Prevails over Chennai Institute of Technology

The Madras High Court ruled that Coimbatore Institute of Technology’s prior use entitled it to exclusive rights over the CIT trademark. The court ordered the removal of the respondent’s registration, highlighting the importance of distinctiveness and transparency in trademark disputes.

SCRUM Alliance’s Rectification Petition relating to ‘CSM’ Mark Dismissed based on Honest/Concurrent Use

The Madras High Court dismissed Scrum Alliance’s petition for rectification of the CSM trademark, citing insufficient proof of prior use and upholding honest and concurrent use by the respondent. The decision clarifies the application of Section 34 of the Trade Marks Act regarding concurrent rights.

Subsequent User’s ‘Suguna’ Trademark for Grinders Rectified Despite Proof of Use from 2001

The Madras High Court cancelled the SUGUNA trademark registration for grinders, favouring prior user rights of the petitioners with established goodwill since 1959. The respondent’s claims of honest concurrent use were rejected due to insufficient evidence.

‘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.