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Search Results for "Trademark Rectification"

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High Court

Bombay High Court Considers Transfer Application Under CPC Section 24 in Trademark Infringement Suit — Maintainability of Interim Application Questioned. Registrar of Trade Marks' Status as Subordinate Court Under CPC and Proper Forum for Transfer Application Examined.

30 Jun 2026

The matter concerns an application for transfer of trademark rectification proceedings from the Registrar of Trade Marks to the Bombay High Court, to ...

High Court

Madras High Court Dismisses Transfer of Rectification Petitions Under Trade Marks Act; Statutory Rectification Jurisdiction Confined to High Court Exercising Appellate Jurisdiction over Appropriate Registry. Interpretation of Sections 47 and 57 of Trade Marks Act, 1999, and Rule 4 of Trade Mark Rules, 2017, Precludes Exercise of Jurisdiction by High Court Over Entries Made by Another Registry.

20 Feb 2025

The petitioner, a company engaged in trade mark disputes, had filed a civil suit before the Madras High Court (Commercial Division) for infringement a...

High Court

Madras High Court Dismisses Writ Petitions Seeking Transfer of Rectification Petitions; Holds Jurisdiction for Rectification Lies with High Court of Appropriate Office. The Court interpreted the definite article 'the' in Sections 47 and 57 of the Trade Marks Act, 1999 to mean the High Court exercising appellate jurisdiction over the relevant Trade Marks Registry, and held that writ jurisdiction under Article 226 cannot be used to transfer rectification petitions when the court lacks statutory jurisdiction.

20 Feb 2025

The petitioner, a private company, filed C.S.(Comm.Div.) No.199 of 2023 before the Madras High Court against several parties including the 5th respond...

High Court

Madras High Court Adjudicates Cross-Petitions for Rectification of Trade Mark Register Under Sections 47, 57, and 125 of Trade Marks Act, 1999. Dispute Involves Competing Claims for Removal of Respective Registered Marks in Class 9.

20 Feb 2025

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High Court

Bombay High Court Partly Allows Appeal in Trademark Infringement Case — Restrains Defendant from Using Deceptively Similar Mark 'Shubhlaxmi Chiwda Mahalaxmi'. The Court modified the interim injunction to allow the defendant to use 'Shubhlaxmi Chiwda' with a blue background, subject to an undertaking, while restraining the use of 'Mahalaxmi'.

3 Sep 2024

The present Commercial Appeal from Order was filed by the appellant (original defendant) challenging the judgment and order dated 17th February 2023 p...

High Court

Bombay High Court Dismisses Appeal Against Temporary Injunction in Trademark Infringement Suit. Phonetic similarity between 'PLAXO' and 'PLASTO' held sufficient to grant injunction under Trade Marks Act, 1999.

24 Mar 2023

The present appeal arises from an order dated 15/02/2018 passed by the learned District Judge-8, Nagpur, allowing an application for temporary injunct...

High Court

Bombay High Court Grants Interim Injunction in Trademark Infringement and Passing Off Suit — Star Zing Marks Protected. Use of identical marks 'White Chinese Pepper Masala' and 'Black Chinese Pepper Masala' by Defendant restrained as deceptively similar to Plaintiff's registered trademarks.

8 Jan 2020

The Plaintiff, Sky Enterprise Private Ltd., filed a commercial IP suit alleging infringement of its registered trademarks and passing off by the Defen...

High Court

Bombay High Court Grants Interim Injunction Against Trademark Infringement in Favor of Plaintiff. Passing Off Claim Deferred Due to Pending Rectification Proceedings Under Section 124 of Trade Marks Act, 1999.

11 Apr 2012

The plaintiffs, Hem Corporation Pvt. Ltd. and three individuals (erstwhile partners of a firm), filed a suit for trademark infringement and passing of...

High Court

Bombay High Court Grants Injunction in Trademark Infringement Case: 'ROFOL' vs 'PROFOL'. Prior Registration of 'ROFOL' by Plaintiff in 1992 Entitles Injunction Against Defendant's Deceptively Similar Mark 'PROFOL' Under Section 29 of Trade and Merchandise Marks Act, 1958.

31 Mar 2012

The plaintiff, M/s. Neon Laboratories Limited, filed a suit for infringement and passing off against the defendants, M/s. Medical Technologies Ltd. an...

High Court

Bombay High Court Dismisses Application for Amendment in Commercial IP Suit Due to Delay and Lack of Due Diligence. Amendment After Commencement of Trial Not Allowed Under Order VI Rule 17 CPC as Plaintiffs Failed to Show They Could Not Have Raised the Matter Earlier.

30 Nov -0001

The present Interim Application No. 752 of 2024 was filed by the original plaintiffs, Ramnish Verma and Finesse Fashions Pvt. Ltd., in a pending Comme...

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