The Madras High Court reversed the refusal of the FACT trademark for air and water purification products, noting clear sectoral distinctions from existing marks. The decision underscores the importance of distinctiveness and product classification in trademark registration.
Read more about Refusal of FACT Trademark for Air/Water Purification Products Set AsideTag: Trademark refusal
“Be mindful when exercising quasi judicial power, cryptic orders unacceptable” says Bombay High Court
The Bombay High Court ruled that cryptic and uncommunicated orders by the Registrar of Trade Marks violate procedural fairness. The court mandated a fresh review of the trademark application, reinforcing the importance of reasoned decisions in quasi judicial processes.
Read more about “Be mindful when exercising quasi judicial power, cryptic orders unacceptable” says Bombay High CourtAnother Dis’connected’ order by the registry, set aside by the Court
The Calcutta High Court set aside a trademark refusal for Electronica India due to lack of reasoning and significant procedural lapses, instructing the registry to provide a fresh hearing. The order highlights the importance of fair hearing practices in Indian trademark law.
Read more about Another Dis’connected’ order by the registry, set aside by the CourtCiting gross delay and strong likelihood of confusion, court refuses CEAT’s appeal
The Delhi High Court dismissed CEAT’s appeal against the refusal of its FARMAX trademark, citing substantial delay and likelihood of confusion with prior marks. The court found the marks similar and the goods closely related, upholding the Registrar’s refusal.
Read more about Citing gross delay and strong likelihood of confusion, court refuses CEAT’s appealTrademark refusal without notice and ‘40’ suffix similarity
Two recent Delhi High Court rulings clarify the consequences of unserved opposition notices and the assessment of trademark similarity based on numeric suffixes. The post analyses both decisions and discusses the procedural challenges in Indian trademark law.
Read more about Trademark refusal without notice and ‘40’ suffix similarityMadras High Court allows Appeal under Section 91 with direction to amend word mark to label mark
The Madras High Court set aside the refusal of United Foods’ word mark YOYO, allowing amendment to a label mark under Section 91. The matter was remanded for reconsideration, reflecting a practical judicial approach in trademark appeals.
Read more about Madras High Court allows Appeal under Section 91 with direction to amend word mark to label markTrademarks 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 and the intellectual property regime in India.
Read more about Trademarks in the Courtroom: Noteworthy Decisions from India Part – 6Trademarks in the Courtroom: Noteworthy Decisions from India Part – 5
This post reviews significant recent Delhi High Court decisions impacting trademark registration in India. Key judgments reflect a judicial emphasis on fairness and procedural clarity in the trademark approval process.
Read more about Trademarks in the Courtroom: Noteworthy Decisions from India Part – 5Trademarks in the Courtroom: Noteworthy Decisions from India Part – 4
This article reviews recent Delhi High Court rulings on Indian trademark case highlights, particularly on user affidavits and refusal orders. The analysis offers practical guidance for understanding key procedural aspects of trademark registration and dispute resolution in India.
Read more about Trademarks in the Courtroom: Noteworthy Decisions from India Part – 4Grounds for Refusal of Trademark Registration – Part III
Section 9(3) sets out absolute grounds for refusal of trademark registration concerning the shape of goods in India. This post analyses the legal barriers to registering shapes as trademarks, ensuring clarity on what is excluded and why.
Read more about Grounds for Refusal of Trademark Registration – Part III