Search Results for "Trademark Rectification"

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Bombay High Court Allows Cancellation of Trademark 'PAXIL' for Non-Use Under Section 47 of Trade Marks Act, 1999. Petitioner's Global Reputation and Prior Use Established 'Person Aggrieved' Status.

The Petitioner, Glaxo Group Limited, a global pharmaceutical company, filed a petition under Section 47 of the Trade Marks Act, 1999 seeking cancellat...

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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.

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 ...

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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.

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...

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Bombay High Court Grants Interim Injunction in Trademark Infringement and Passing Off Suit Despite Defendant's Preliminary Objections. Plaintiff's Mark 'ESSEL' Found to Have Acquired Distinctiveness and Defendant's Use Likely to Cause Confusion.

The plaintiff, Essel Propack Ltd., filed a suit in 2010 against Essel Kitchenware Ltd. and another defendant for trademark infringement and passing of...

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Bombay High Court Grants Interim Injunction in Trademark Infringement Suit Over 'Café Madras' Restaurant Name. The mark 'Café Madras' held to be inherently distinctive and entitled to protection against use by a subsequent restaurant of the same name.

The plaintiffs, the Kamath family, have been running a restaurant named 'Café Madras' in Matunga, Mumbai since 1938. The restaurant has acquired a re...

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Bombay High Court Dismisses Appeal by Cadila Pharmaceuticals in Passing Off Action by Medley Laboratories. Marks 'HB TONE' and 'RB TONE' Held Deceptively Similar for Pharmaceutical Products, Injunction Confirmed.

The appeal arises from a suit filed by the respondents (original plaintiffs) against the appellant (original defendant) for infringement and passing o...