Bombay High Court | February 10, 2003 | 2004 (28) PTC 193 (Bom) S.J. Vazifdar, J. Background The trademark “M-Seal” has a long and well-documented history. It was first used in 1968 by Mahindra Van Wijk and Visser Ltd. in respect of epoxy resin compositions used for cementing cracks, holes and leaks in metal articles. […]
Pidilite Industries Ltd. vs. S.M. Associates & Ors. Read More »
The journey of a trademark application from the moment it is filed to the point at which it is accepted for advertisement is one of the most consequential phases in the entire registration process. It is during this period that the Trade Marks Registry scrutinizes the application against the requirements of the Trade Marks Act,
Trademark Examination in India – From Filing to Acceptance Read More »
Allahabad High Court | January 23, 1985 | AIR 1985 All 242 A. Banerji, J. Background Bata India Limited is one of India’s most iconic commercial names, having been associated with the manufacture and sale of footwear and related products since before the enactment of the Trade Marks Act, 1940. The name “Bata” derives from
Bata India Limited vs. Pyare Lal & Co., Meerut City & Ors. Read More »
The examination of a trademark application in India operates at two distinct levels. The first level, governed by Section 9 of the Trade Marks Act, 1999, concerns the inherent qualities of the mark itself – whether it is distinctive, whether it is descriptive, whether it offends public policy. These are the absolute grounds and they
Relative Grounds for Refusal under Section 11 of the Trade Marks Act, 1999 Read More »
Supreme Court of India | April 26, 1990 | 1990 Supp (1) SCC 727 M.N. Venkatachaliah, N.D. Ojha & J.S. Verma, JJ. Background Wander Ltd. was the registered proprietor of the trademark “Cal-De-Ce” in respect of vitaminsed Calcium Gluconate Tablets. In March 1986, Wander Ltd. entered into a manufacturing agreement with Antox India (P) Ltd.,
Bombay High Court | October 10, 1995 | Appeal from Order Nos. 1152, 1153 & 1154 of 1994 AIR 1996 Bom 149 Background The Kirloskar Group of Companies is one of India’s most storied industrial conglomerates, tracing its origins to 1888 when Laxmanrao Kashinath Kirloskar began a bicycle repair business in Belgaum. By 1920, the
Kirloskar Diesel Recon Pvt. Ltd. & Ors. vs. Kirloskar Proprietary Ltd. & Ors. Read More »
A trademark application in India does not receive registration as a matter of course. Before a mark enters the Register of Trade Marks and the statutory rights of an exclusive proprietor crystallize, the application must pass through a rigorous examination process administered by the Trade Marks Registry. That examination is governed by two distinct categories
Absolute Grounds for Refusal under Section 9 of the Trade Marks Act, 1999 Read More »
A trademark is among the most commercially significant assets a business can possess. It is the sign by which consumers identify the source of goods or services, the vessel that carries a brand’s reputation and the legal instrument through which that reputation is defended. In India, the law governing the registration and protection of trademarks
Trademark Registration – The Complete Procedure under the Trade Marks Act, 1999 Read More »
Supreme Court of India | September 8, 1969 | Civil Appeal No. 1274 of 1966 V. Ramaswami & J.C. Shah, JJ. Background Ruston & Hornsby Ltd., a company incorporated in England with its registered office at Lincoln, is engaged in the manufacture and sale of diesel internal combustion engines and their parts. Its Indian subsidiary,
Ruston & Hornsby Ltd. v. The Zamindara Engineering Co. Read More »
Supreme Court of India | May 18, 2007 | Civil Appeal No. 2756 of 2007 B.P. Singh & Harjit Singh Bedi, JJ. Background The trademark “Glucon-D” was originally registered in India in 1975 in the name of Glaxo Laboratories (Class 30 under the Trade and Merchandise Marks Act, 1958), though Glaxo had been using the
