OLIVE Trademark Case: Delhi High Court on Section 11 & Prior User Rights
Delhi High Court refuses OLIVE trademark in Class 35, holding similarity with Class 25 marks and lack of proven prior user rights under Section 11.
Trademark refusal
15 articles
A tipsy decision by the Trademark office? Court clarifies on geographical association of TAJPURIYA
In the case of M/S Ads Agro Industries Pvt Ltd vs The Registrar of Trade Marks, a liquor company applied to register the mark TAJPURIYA for alcoholic beverages.…
Trademark Fit Check: MISS MANGO Wears It Right, MANGO Can’t Block It
In the case of Mohamed Yusuf vs. The Registrar of Trade Marks, the appellant sought registration for a clothing brand using the device mark ‘MISS MANGO’. The Registrar…
Refusal without Effective Hearing? Not Valid: Delhi High Court on technical glitches in trademark hearings
In the case of Impresario Entertainment & Hospitality Pvt. Ltd. v. Registrar of Trademarks, the Delhi High Court set aside a refusal of a Class 16 application. In…
Refusal of FACT Trademark for Air/Water Purification Products Set Aside
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…
“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…
Another 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…
Citing 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…
Trademark 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…
Madras 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…