IPAB Archives | SCC Times

Obligation to stay proceedings in contingencies spoken of in S.124(1) of the Trade Marks Act does not stand obviated consequent to abolition of IPAB: Delhi High Court

Notwithstanding the abolition of IPAB and the power of rectification reverting to the High Court, a Trial Judge would have to stay in its hands once it is apprised of pendency of a rectification.

Op Eds OP. ED.

Maintainability of a Letters Patent Appeal Against an Order of the Single Judge Concerning a Rectification Application Filed under Section 57, Trade Marks Act, 1999

by Aditya Rajagopal†

Case Briefs High Courts

‘Puma cats and lion belong to same family, Felidae’; Delhi HC cancels ‘leaping lion’ mark of Gajari Online Services Pvt. Ltd in rectification petition filed by PUMA

“The continued use of the impugned mark will affect the purity of the registered trade mark as the same is likely to cause deception and confusion, in terms of Section 11(2) and 11(3) of the Trade Marks Act, 1999.”

Case Briefs High Courts

Delhi High Court sets aside IPAB order disenfranchising Yashoda Super Speciality Hospital trademark on ground of violation of principles of natural justice

Yashoda Super Speciality Hospital & Heart Institute happens to be one of the leading hospitals in Ghaziabad.

Case Briefs High Courts

Bombay High Court: Mere existence of the slightest probability of confusion in case of medicinal product marks requires that the use of such mark be restrained

Bombay High Court observed that confusion in the case a medicinal or pharmaceutical product may have disastrous effect on the health.

Case Briefs High Courts

Delhi High Court initiated criminal contempt proceedings after Registrar’s (Vigilance) inquiry revealed fabricated IPAB Order was placed on record

The Delhi High Court had initiated criminal contempt proceedings against defendants in a suit after the Registrar (Vigilance)’s inquiry revealed that the defendants placed a fabricated Intellectual Property Appellate Board’s Order on record.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Can a generic expression be granted registration and/or protection as a trade mark under trade mark laws? IPAB explains if “N 95” is capable of being registered or protected as a trade mark

Intellectual Property Appellate Board (IPAB): The Bench of Justice Manmohan Singh (Chairman) and Lakshmidevi Somanath (Technical Member, Trademarks) and Makyam Vijay Kumar

Case Briefs High Courts

Del HC | ‘Technical contribution’ is the test of patentability for computer programs; law on S. 3(k) of Patents Act clarified

Delhi High Court: Pratibha Singh, J., allowed a writ petition filed against the order of Intellectual Property Appellate Board (“IPAB”) whereby it had