
Rajasthan High Court: Speedy disposal of Trademark application a Fundamental Right under Article 21
The Court issued a general direction to the Registrar of Trademarks to decide all pending trademark registration applications as early as possible.
The Court issued a general direction to the Registrar of Trademarks to decide all pending trademark registration applications as early as possible.
The ruling sets a precedent for protecting established brands and upholding the integrity of trademark registration processes. The cancellation of the infringing trademark serves as a deterrent to potential trademark violators, emphasizing the importance of respecting intellectual property rights in commercial activities.
“once it is concluded that the earlier trade mark is a well-known trade mark, the registration of an identical or similar trade mark is not permitted if the use of the later mark without due cause would take unfair advantage of or be detrimental to the distinctive character or reputation of the earlier trade mark”
Delhi High Court: Stating that mere writing of a letter of representation cannot furnish an adequate explanation for the delay, Jyoti Singh,
Bombay High Court: The Division Bench of Nitin Jamdar and C.V Bhadang, JJ., upheld the order of the District Court refusing to