Trade Mark Act 1999 Archives

Delhi HC dismisses L’Oréal’s plea for cancellation of mark ‘CLARIWASH’ registered with a proprietor

The Court finds reconsideration of respondent 1’s application for registration of the trade mark ‘CLARIWASH’ registered 14 years ago, on account of procedural error manifestly unfair.

Case Briefs High Courts

Party’s non-objection to similar mark during registration, estops it later from taking different stand; Raj HC affirms Trial Court decision of denying injunction to ‘Ornate Jewels’

“Impugned order passed on the application for temporary injunction is discretionary in nature and until and unless the same suffer from arbitrariness, perversity or grave illegality, which leads to miscarriage of justice, such order does not warrant interference by the Appellate Court.”

Case Briefs High Courts

Composite trade marks not to be dissected to determine deceptive similarity, comparison to be made as a whole: Delhi High Court

“The plaintiff's mark and the defendants' mark are composite trade marks, which imply that they are a combination of different elements, and their registration willd not grant an exclusive right in the word ‘d mart'.”