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Search Results for "trade mark rectification"

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High Court

Madras High Court Allows Appeal in Trademark Opposition Case — Registration of Device Mark Set Aside Due to Lack of Evidence of Use. The Court held that the Registrar erred in accepting user claim without proper documentary evidence, and that the appellant's prior use since 1992 was established.

15 Apr 2026

The appellant, Ganesh Consumer Products Ltd., filed an appeal under Section 91 of the Trade Marks Act, 1999, against an order dated 11.09.2024 passed ...

High Court

High Court Sets Aside Registrar's Order Rejecting Trade Mark Application Due to Lack of Reasoning and Failure to Consider Honest Concurrent Use. The Court held that the Registrar's order was unreasoned and ignored material on honest concurrent use under Section 12 of the Trade Marks Act, 1999, violating statutory requirements under Sections 18(5) and 91.

23 Mar 2026

The dispute arose from a petition filed by Petitioner challenging an order dated 19 May 2025 by the Registrar of Trade Marks, which rejected the petit...

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 Allows Rectification of Trademark Registration for 'ABACUS' in Educational Services — Petitioner's Prior Use and Reputation Established. The Court held that the mark 'ABACUS' is descriptive and not inherently distinctive, but the petitioner had acquired secondary meaning through long and extensive use since 1987.

8 Jan 2025

The petitioner, Abacus Montessori School, filed a rectification petition seeking removal of the trademark registration No. 1586733 in Class 41 for 'AB...

High Court

Bombay High Court Dismisses Interim Injunction in Trademark Infringement Suit Over 'MAUJ' vs 'MOJ' — No Deceptive Similarity Found. Phonetic and structural comparison of marks 'MAUJ' and 'MOJ' held not deceptively similar; plaintiff failed to establish prima facie case for interim relief.

5 Jun 2023

The plaintiff, Mauj Mobile Private Limited, filed a commercial IP suit alleging infringement of its registered trademark 'MAUJ' (registered in Classes...

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

High Court of Karnataka Upholds Injunction in Trademark Infringement Case — 'Cothagiri' Mark Deceptively Similar to 'Cothas'. Defendant restrained from using mark 'cothagiri' for coffee products as it is phonetically and structurally similar to plaintiff's registered trademark 'Cothas'.

14 Sep 2016

The case involves a trademark infringement dispute between two coffee companies. The appellant, M/s Avighna Coffee Pvt. Ltd., was the defendant in the...

High Court

High Court of Karnataka Upholds Injunction Against Defendant in Trademark Infringement Case — 'Cothagiri' Mark Deceptively Similar to 'Cothas'. Court Restrains Defendant from Using Mark 'Cothagiri' for Coffee Products, Finding Prima Facie Case of Passing Off Under Trade Marks Act, 1999.

14 Sep 2016

The case involves a trademark dispute between M/s. Cothas Coffee Co. (plaintiff/respondent) and M/s. Avighna Coffee Pvt. Ltd. (defendant/appellant). T...

High Court

Bombay High Court Dismisses Injunction in Trademark Infringement and Passing Off Suit — No Deceptive Similarity Between 'Palm Grove' and 'Royal Palms' Hotels. Plaintiff's use of 'Palm Grove' always in combination with 'Ramada' and delay disentitled it to interim relief.

18 Apr 2016

The Plaintiff, Palm Grove Beach Hotels Pvt. Ltd., owned and operated a mid-range hotel in Juhu, Mumbai, under the name 'Ramada Plaza Palm Grove' (prev...

High Court

Bombay High Court Dismisses Passing Off Claim by Sun Pharmaceuticals Against Emcure Pharmaceuticals Over Trademarks 'SUSTEN' and 'SUSTINEX' — Marks Held Not Deceptively Similar Despite Prior Use and Pharmaceutical Products. The court found that the differences in spelling, sound, and appearance between 'SUSTEN' and 'SUSTINEX' outweigh the similarities, and the public interest does not justify an injunction where the marks are not deceptively similar under the Trade Marks Act, 1999.

9 Jan 2012

The plaintiff, Sun Pharmaceuticals Industries Limited, filed a suit for infringement and passing off against Emcure Pharmaceuticals Limited, alleging ...

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