Celebrating 20 Years of IP Excellence

Image accompanying blogpost on "Will a trademark invalidity plea in response to an interim application count for Section 124?"

Will a trademark invalidity plea in response to an interim application count for Section 124?

This blog post discusses a recent court case in India concerning the validity of raising a trademark invalidity plea against an interim application under Section 124 of the Trade Marks Act. The court ruled that a plea of invalidity can be raised not only in the written statement but also in other pleadings and submissions, including counter-affidavits to interim applications. Continue Reading Will a trademark invalidity plea in response to an interim application count for Section 124?

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Interesting Trademark Cases involving ‘Biriyani King’, ‘MI Sumeet’, and ‘Toofan’ Marks

Interesting Trademark Cases involving ‘Biriyani King’, ‘MI Sumeet’, and ‘Toofan’ Marks

Exploring recent judgments from the Delhi, Calcutta, and Madras High Courts on trademark disputes involving ‘Biriyani King’, ‘MI Sumeet vs. Nikoda Sumeet’, and ‘Toofan’, and understanding the courts’ approach to trademark protection. Continue Reading Interesting Trademark Cases involving ‘Biriyani King’, ‘MI Sumeet’, and ‘Toofan’ Marks

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Image accompanying blogpost on "Madras High Court allows Appeal under Section 91 with direction to amend word mark to label mark"

Madras High Court allows Appeal under Section 91 with direction to amend word mark to label mark

In this case, the Madras High Court highlights the importance of addressing similarity concerns and pursuing registration as a label mark for stronger protection. This case with help gain insights for navigating trademark challenges in India. Continue Reading Madras High Court allows Appeal under Section 91 with direction to amend word mark to label mark

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Patanjali for Education, Kenley for Water Bottles, and Head Racer Trade Dress enforcement.

Patanjali for Education, Kenley for Water Bottles, and Head Racer Trade Dress enforcement

Recent trademark cases include the Delhi High Court’s decisions on a composite logo including ‘Patanjali’, Coca Cola’s ‘Kinley’ trade dress, and ‘Ball Head Racer’ packaging infringement. Continue Reading Patanjali for Education, Kenley for Water Bottles, and Head Racer Trade Dress enforcement

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Is a system for ‘Selectively Displaying Physical Address’ unpatentable as a business method?

Learn how a system for concealing user addresses in online transactions was deemed patentable, distinguishing it from excluded “business methods.” Gain insights for navigating patent applications in the digital age. Continue Reading Is a system for ‘Selectively Displaying Physical Address’ unpatentable as a business method?

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Image accompanying blogpost on "Refusal of patent application relating to 'Soluble Foaming Composition' set aside"

Refusal of patent application relating to ‘Soluble Foaming Composition’ set aside

Protein-free foaming innovation revived! Madras High Court overturns patent refusal due to Controller’s failure to address key arguments and consider crucial differences from prior art. This judgment highlights the importance of thorough analysis and considering applicant submissions in patent decisions. Continue Reading Refusal of patent application relating to ‘Soluble Foaming Composition’ set aside

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Image accompanying blogpost on "Madras High court provides clarity on Proof of right, says date of assignment and date of declaration are different."

Madras High Court provides clarity on Proof of Right, says date of assignment and date of declaration are different.

In this case, the Madras High Court sheds light on proving applicant’s right, emphasizing the difference between assignment and declaration dates. This case offers insights for smoother patent applications in India and is likely to provide much-needed clarity to Applicants and Controllers alike who often encounter the same or similar objections relating to proof of right under Section 7(2) and Rule 10 of the Patents Act. Continue Reading Madras High Court provides clarity on Proof of Right, says date of…

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Review and Reversal of Patent Refusal Orders by the Madras High Court

Madras High Court supports three inventions by overturning three patent refusals on grounds of Lack of valid grounds (RTA-408 case), failure to consider inventive features (fluidized bed boiler case) and procedural error (fuel temperature control case). Continue Reading Review and Reversal of Patent Refusal Orders by the Madras High Court

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Image accompanying blogpost on "Chand-z Vs. Chand-A For Lungis: Chand-A trademark is not infringing as the use is honest and concurrent, says the Madras High Court."

Chand-z Vs. Chand-A For Lungis: Chand-A trademark is not infringing as the use is honest and concurrent, says the Madras High Court.

“Chand” textile trademark owner loses infringement case against “Chand-A” lungi brand. Court finds long, honest, concurrent use by defendant since 1952 prevents confusion. Lack of concrete evidence weakens plaintiff’s claim of permissive use. Court outlines principles for proving honest and concurrent trademark use. Continue Reading Chand-z Vs. Chand-A For Lungis: Chand-A trademark is not infringing as the use is honest and concurrent, says the Madras High Court.

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