Kritika Gandhi

By: Sandhya Singh, Sampada Kapoor and Kritika Gandhi Trademarks play a pivotal role in distinguishing the goods or services of one entity from those of another. When it comes to family-run businesses, certain trademarks—often referred to as family trademarks—embody the collective goodwill, legacy, and reputation built by generations.

Introduction The Hon’ble High Court of Delhi in the case of Zenith Dance Institute Pvt. Ltd. vs. Zenith Dancing And Music held that the principle of estoppel also has legitimate boundaries. Granting an order of interlocutory injunction, the High Court held that even though the term “ZENITH” is a common English word it still holds distinctiveness.

Introduction The Hon’ble High Court of Bombay in the case of I Am The Ocean, LLC Vs Registrar Of Trade Marks criticized the Registrar of Trade Marks and the Senior Examiner for their failure to consider submissions and issue reasoned orders prior to rejecting trademark registrations. The Court described it as “complete abdication” of their quasi-judicial functions. The Bombay High Court allowed a writ petition seeking to set aside the Order passed by the Examiner of Trade Marks.