A recent judgment by Supreme Court of India sets important legal precedence on similar marks covering goods of same class

In present case, the respondent had adopted the device mark “NANDINI” in 1985 for selling milk and milk products. The mark was registered in Class 29 and 30. The appellant on the other hand adopted similar device mark in 1989 for its restaurant business and applied for the mark in respect of various foodstuff items sold by its restaurant. The logo of both the marks is given below for clarity. Continue reading “A recent judgment by Supreme Court of India sets important legal precedence on similar marks covering goods of same class”

Supreme Court of India denies protection to mark “Prius” for Toyota

Last week the Supreme Court of India has pronounced its judgment in this regard. The present judgement may have a direct and binding effect on majority pending trademark oppositions / litigations in India. In the present matter the Supreme Court has reiterated and upheld the following important principles / points: Continue reading “Supreme Court of India denies protection to mark “Prius” for Toyota”

Supreme Court stays operation of judgment by the Delhi High Court, which struck down section 24(5) of PPVFRA

Supreme Court of India has stayed operation of the Delhi High Court judgment, which struck down section 24(5) of the Protection of Plant Varieties & Farmers’ Rights Act [#PPVFRA], till the next hearing. Continue reading “Supreme Court stays operation of judgment by the Delhi High Court, which struck down section 24(5) of PPVFRA”