Trademark disputes at the interim stage often turn on competing claims of prior use, registration and goodwill. The courts are not expected to […]
Gujarat High Court Sets Aside Interim Injunction Due to Erred Assessment of Evidence
Trademark
Delhi High Court Holds That “Distinctiveness”, Not “Uniqueness” Is the Test for Trademark Registration Under Section 9(1)(a)
The reasons for refusing registration under Section 9 of the Trademarks Act, 1999 are intended to stop marks from being registered if they […]
Bombay High Court Clarifies Protection for Descriptive Trademarks in Passing Off Actions: Prior Use and Acquired Distinctiveness Remain Key
When it comes to cases involving descriptive trademarks, courts must find a balance between preventing people from monopolising common trade expressions and protecting […]
Bombay High Court Declines Interim Injunction in Cross-Suits Over Trademark
Trademark disputes that involve identical marks rely on the priority, goodwill, territorial reputation and the effect of registration to identify the rights of […]
Delhi High Court Grants Ex-Parte Ad-Interim Relief Against Rogue Fantasy Gaming Platform for Trademark and Copyright Infringement
The rapid growth of online gaming platforms has intensified concerns surrounding the misuse of well-known brands and copyrighted digital assets by rogue operators […]
Madras High Court Declines to Interfere in Trademark Opposition Proceedings of the Trade Marks Registry
Under the Trade Marks Act, 1999, trademarks that are likely to deceive the public or cause confusion as to the geographical origin of […]
Registration, Prior Use and Trademark Enforcement: Delhi High Court Examines the Scope of Trademark Protection
Trademark disputes commonly require courts to balance competing claims of registration, prior use, reputation, and honest adoption. Indian trademark law recognises the rights […]
Prior Use, Passing Off and Interim Relief: Delhi High Court Examines Competing Claims over Mark
The law of passing off under Section 27(2) of the Trade Marks Act, 1999 protects the goodwill and reputation associated with marks that […]
Bombay High Court Holds Rule 45 Deadline under Trade Marks Rules to be Directory, Not Mandatory
Procedural timelines in trademark proceedings serve an important purpose by ensuring that opposition and rectification proceedings move in an orderly manner and parties […]
Delhi High Court Allows Trademark Renewal After 6-Year Delay Due to Failure of Statutory Notice Service
Trademark renewal is often treated as a routine administrative exercise. However, the effects of non-renewal can be commercially severe, particularly when a long-standing […]