Search Indian IP Case Law
Judgments of the Supreme Court and the High Courts on patents, trade marks, copyright, designs and geographical indications — organised by Act and section, each with a link to the judgment on the court’s website.
4 results
for “Registered Proprietor”
Arun Kumar Gupta v. Registrar of Trade Marks
Issuance of notice in Form O-3 under Section 25(3) of the Trade Marks Act, 1999 is a mandatory pre-condition for removal of a trade mark from the Register on account of non-renewal. Mere expiry of registration or failure to file a…
Form O-3Mandatory NoticeRegistered ProprietorRemoval of TrademarkTrade MarksColumbia Pictures Industries, Inc v. Registrar of Trade Marks & Anr.
Section 11(2) does not require a mark to have been formally declared well-known before its proprietor can invoke that status to oppose a similar or identical mark on dissimilar goods; it is enough that the mark is, in substance, e…
Bad Faith AdoptionCross-class ProtectionOppositionRemandTrade MarksHavells India Limited & Anr. v. Havai Home Products Pvt. Ltd. & Ors.
Even a registered proprietor may be restrained from using a trade mark where the ingredients of passing off are established. Section 27(2) preserves the common-law remedy of passing off notwithstanding the statutory rights arising…
Anti-Dissection RuleDeceptive SimilarityDishonest AdoptionPassing OffTrade MarksNew Balance Athletics Inc. v. Astormueller AG and Ors.
Registration of a mark is no defence to a passing off action, since rights under Section 27(2) are independent of and override the bar in Section 28(3) on one registered proprietor suing another for infringement. Registration mere…
Anti-Dissection RuleDeceptive SimilarityInitial Interest ConfusionPassing Off