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.
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“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.
Read more about “DREAM FREEDOM” Trademark removed from register for Deceptive SimilarityCOCOMELON spells a ‘Melon’cholic end for Copycat Competitors
The Delhi High Court ordered the cancellation of a deceptively similar COCOMELON trademark registered by the respondent. Treasure Studio Inc., the creators of the globally recognized children’s brand, successfully secured relief, ensuring stronger protection for its distinctive trademark and intellectual property rights.
Read more about COCOMELON spells a ‘Melon’cholic end for Copycat CompetitorsCourt directs cancellation of “STAR” Trademark for lack of honest and concurrent use
The Madras High Court, in a dispute involving STAR Plastics and S Star Trading Co., canceled the latter’s trademark under Class 11, citing deceptive similarity and dishonest adoption. The Court upheld STAR Plastics’ prior use and registration rights, directing the Registrar to remove the 1st Respondent’s trademark from the registry.
Read more about Court directs cancellation of “STAR” Trademark for lack of honest and concurrent useSCRUM Alliance’s Rectification Petition relating to ‘CSM’ Mark Dismissed based on Honest/Concurrent Use
In Scrum Alliance Inc. v. Prem Kumar S., the Madras High Court dismissed Scrum Alliance’s petition to revoke the “CSM” trademark registered by Prem Kumar. The Court held that Scrum Alliance had not substantiated prior use of the mark in India and affirmed Prem Kumar’s ri
Read more about SCRUM Alliance’s Rectification Petition relating to ‘CSM’ Mark Dismissed based on Honest/Concurrent UseSubsequent User’s ‘Suguna’ Trademark for Grinders Rectified Despite Proof of Use from 2001
The Madras High Court ruled in favor of petitioners V. Lakshminarayanasamy and Suguna Lakshminarayanasamy in the “SUGUNA” trademark case, ordering the rectification of the respondent’s mark registration due to its deceptive similarity and potential for consumer confusion. The court emphasized the petitioners’ established prior use and rejected the respondent’s defense of concurrent usage.
Read more about Subsequent User’s ‘Suguna’ Trademark for Grinders Rectified Despite Proof of Use from 2001‘Prime’ Trademark Registration for Salt Cancelled based on Prior, Continuous Use
In the case of Koteshwar Chemfood Industries Pvt. Ltd. v. Sachdeva and Sons Industries Pvt. Ltd., the Delhi High Court ordered rectification of the ‘PRIME’ trademark, removing salt and spices due to non-use, following a petition filed by Koteshwar Chemfood.
Read more about ‘Prime’ Trademark Registration for Salt Cancelled based on Prior, Continuous UseCrocs croaks out its clone! Court Cancels ‘Crocksclub’ trademark
Crocs Inc. successfully filed a rectification petition to remove the trademark CROCKSCLUB, securing sole rights to the CROCS trademark in India. The court ruled in favor of Crocs Inc., highlighting the likelihood of confusion and risk of association with CROCS goods.
Read more about Crocs croaks out its clone! Court Cancels ‘Crocksclub’ trademarkThe changing dynamics of Infringement, Stay of Suit and damages in Trademark Cases
This blog post summarizes four recent trademark cases from various High Courts across India, and provides important takeaways relating to trademarks. In one of the cases, the Karnataka High Court pointed out that a trademark infringement suit can be stayed if a rectification is pending against the same trademark, although it was filed by another party. In another suit, the Delhi High Court, allowed the Defendant in the suit to conduct business under a modified name during the pendency of the case. This arrangement was agreeable to the Plaintiff as well, and other cases.
Read more about The changing dynamics of Infringement, Stay of Suit and damages in Trademark CasesTrademarks In The Courtroom: Noteworthy Decisions From India Part – 3
BananaIP Counsels presents Part-3 of "Trademarks in the Courtroom: Noteworthy Decisions from India," continuing our exploration of significant trademark judgments. This edition succinctly examines recent...
Read more about Trademarks In The Courtroom: Noteworthy Decisions From India Part – 3