Rule 45 Evidence Gets Breathing Time in Trademark Proceedings
In the case of Black Diamond Motors Pvt. Ltd. v. Registrar of Trade Marks, Mumbai, the Bombay High Court answered a practical question that often arises in trademark…
Trademark rectification
23 articles
Dead Company Dead Mark: Trademark cannot survive a Non Existent Owner or unrecorded trademark assignment
In the case of Tibbs Food Private Limited vs D Lite Frankies and Foods Private Limited, the petitioner sought removal of a trademark registered for “D Lite Frankies…
BADAL Trademark Rectification and Assignment Fraud
The Delhi High Court rejected a rectification petition challenging the assignment of the BADAL trademark on grounds of alleged fraud. The Court held that the Petitioner did not…
Prior user rights prevail over subsequent registration, reiterates court
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…
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
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…
“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…
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…
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…