Trade Mark Agent Authorisation Must Be Stamped Like Power Of Attorney: Kerala High Court

The Kerala High Court has recently ruled that an authorisation allowing a trade mark agent to represent an applicant before the Trade Marks Registry must be stamped under the applicable Stamp Act, holding that the document has “all the trappings of a power of attorney”.Justice Bechu Kurian Thomas held that the authorisation creates a right for the agent to represent another person."The authorisation prescribed under section 145 of the Act read with rule 19 of the Rules, is certainly an...

Delhi High Court Directs Toplad To Change Name, Finds 'TOPLAD' Too Nearly Resembles 'TOPLAND'

The Delhi High court has directed Toplad Private Limited to change its name, holding that “TOPLAD” too nearly resembles the registered “TOPLAND” trademark of Topland Engines Private Limited. “Except for the letter 'N', both the words completely resemble each other and to the mind of a person with average intelligence, the mere negation of the letter 'N' would not make the names visually or phonetically dissimilar,” Justice Amit Mahajan observed. The court set aside the May 15, 2023 order of...

Madras High Court Allows “Acha Dholak” Pleading Amendment, Says Issues Framing Does Not Commence Trial

On 1 October, the Madurai Bench of the Madras High Court dismissed a civil revision petition challenging an order allowing amendment of pleadings in a trade mark suit concerning the “Acha Dholak” safety match brand. Justice R. Poornima held that mere framing of issues does not establish that a trial has substantially commenced for deciding an application to amend pleadings. The Bench observed: “Mere framing of issues does not, by itself, establish that the trial had substantially commenced....

Madras High Court Refuses To Transfer 'RIO' Trade Mark Suit For Joint Trial With Rectification Plea

The Madras High Court on 30 September dismissed Rio Children's Hospital Pvt Ltd's plea to transfer its trade mark infringement and passing off suit against Rajesh Jayaraj from the Principal District Court, Madurai, to the High Court's Intellectual Property Division for joint trial with a rectification petition concerning the “RIO” mark. Justice A.D. Maria Clete held that Rule 14 of the Madras High Court Intellectual Property Division Rules, 2022 cannot be invoked “as a matter of course” merely...

Delhi High Court Restrains Clothing Business From Using 'Men's Darzi' Mark

The Delhi High Court has restrained a clothing business from using the "Men's Darzi" mark from using the trademark, its accompanying logo or any identical or deceptively similar mark in relation to goods and services, including clothing and apparel.Justice A. J. Bhambhani passed the ex-parte ad-interim injunction on September 18, 2026, after finding that Darzi (India) LLP and another had made out a prima-facie case. The court also found that the balance of convenience lay in their favour and...

Delhi High Court Allows Revival Of 'HMP' Trademark As Registry Fails To Prove Renewal Notice Was Sent

The Delhi High Court on 23 September allowed a petition filed by trademark owner Punam Chand Kedia seeking revival of his “HMP” mark after the Trade Marks Registry rejected his renewal application on the ground that the prescribed renewal period had expired. A Bench comprising Justice Vikas Mahajan observed: “In that view of the matter, in the absence of any reliable evidence in support of the stand taken by the respondent that O-3 notices were sent, it is difficult for this court to accept...

Delhi High Court Rules In Favour Of Medanta, Decrees Trademark Suit Against Seller Of 'Medanta Capsule'

The Delhi High Court on 24 September ruled in favour of Global Health Limited, which runs Medanta hospitals, in its trademark infringement suit against a seller marketing an ayurvedic weight management medicine as “Medanta Capsule”. Justice Purushaindra Kumar Kaurav allowed the hospital operator's application under Order VIII Rule 10 of the CPC after the sole contesting defendant neither filed a written statement nor opposed the relief sought. The Bench had restrained the seller in November...

Calcutta High Court Lifts Gag Order On YouTuber Arpit Mangal Over Emami Zandu Ashwagandha Video

The Calcutta High Court has set aside an ex parte injunction restraining YouTuber Arpit Mangal from airing or publishing any statement about Emami's “Zandu Ashwagandha Gold Plus”.The product is an ayurvedic formulation marketed for stress management, better sleep, muscle recovery, and overall stamina and vitality.The bench held that there was sufficient substance in Mangal's defence of truth at this stage. A Division Bench of Justice Sabyasachi Bhattacharyya and Justice Sandip Kumar De...

Madras High Court Dismisses RPG Enterprises' Plea To Cancel RPG Marble Trademark, Citing 15-Year Acquiescence

The Madras High Court has dismissed a rectification petition filed by RPG Enterprises seeking removal of the trademark "RPG Marble Pvt. Ltd." from the Trade Marks Register.The court observed that the company sat on its rights for nearly fifteen years after learning of the mark and is therefore barred by the doctrine of acquiescence.Justice K. Kumaresh Babu delivered the judgment on September 28, dismissing the petition filed by RPG Enterprises Limited against the Registrar of Trademarks and RPG...

Delhi High Court Restrains Pune Seller From Using "Max Volvo", "Max Volwo" Marks In Volvo's Trademark Suit

The Delhi High Court has restrained a Pune-based lubricant seller from manufacturing or selling engine oil, gear oil and other lubricants under the marks "Max Volvo" and "Max Volwo."The court held that these infringe the trademark rights of Swedish auto company Volvo. Justice Purushaindra Kumar Kaurav passed the ad interim injunction on September 24 in a suit filed by Aktiebolaget Volvo and two other group companies, which together own and use the "VOLVO" trademark globally and in India,...

Delhi High Court Restrains 70 Businesses From Using Agarwal Packers & Movers Trademark

The Delhi High Court has restrained 70 defendants from using the “AGARWAL PACKERS & MOVERS” trademark or deceptively or confusingly similar marks, including through Google Search and Google Business Profile listings, after Agarwal Packers and Movers Ltd alleged that third parties were using its name and identity in business listings.Justice Purushaindra Kumar Kaurav found a prima facie case that such listings could confuse people looking for packing, moving or relocation services. The court...

Delhi High Court Restrains Doora Express Services' Former General Manager From Using 'DURA' Mark

The Delhi High Court has restrained a former General Manager and his logistics company from using “DURA” for logistics and transportation services. The court found prima facie merit in Doora Express Services' claim that the mark is similar to its registered “DOORA” trademarks.Justice A.J. Bhambhani passed the order in a suit filed by Doora Express Services against Dura Logistics India and its director.Doora Express Services is the registered proprietor of the trademarks "DOORA," "DOORA EXPRESS...