The Madras High Court dismissed Monster Energy’s appeal against the refusal to register “Energy for the Journey” as a trademark, citing lack of distinctiveness. The Court upheld that generic or descriptive marks cannot be monopolized without evidence of secondary significance, allowing the appellant to reapply upon establishing distinctiveness through prolonged use. Continue Reading Monster Energy falls short of “Energy for the ‘Trademark’ Journey”
The Bombay High Court orders a fresh review of Seiwa Kasei’s ‘PHYTOCUTICLE’ trademark application, challenging the Registrar’s refusal for lack of distinctiveness. Continue Reading “Be mindful when exercising quasi judicial power, cryptic orders unacceptable” says Bombay High Court
The Calcutta High Court has set aside a refusal order by a Senior Examiner of Trademarks against the registration of the trademark ‘ELECTRONICA.’ The Court directed a new hearing and a reasoned order, highlighting procedural fairness in trademark registration processes. Continue Reading Another Dis’connected’ order by the registry, set aside by the Court
Our exploration continues in Trademarks in the Courtroom: Noteworthy Decisions from India Part - 4, focusing on Indian trademark case highlights. This segment reviews crucial judgments regarding user affidavits and the handling of trademark refusal orders, pivotal aspects of the trademark registration process.
Cases pertaining to user affidavit:
Unreasoned refusal of Shell’s drum trademark application set aside
The Delhi High Court has recently set aside an order of the Trademark Registrar refusing a trademark application by Shell for a drum logo…