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Delhi High Court orders rectification of trademark register by cancelling ‘BSM’ mark — “Prior user rights prevail over later registration, bad faith adoption inferred”

Headnote Trade Marks Act, 1999 – Section 57 – Rectification of Register – Prior user – Deceptive similarity – Bad faith adoption – Identical goods – Phonetic and visual similarity.Held,…

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Rawlaw December 27, 2025

Posted inNews

Madras High Court powerful ruling on deceptive trademark adoption: “Prior user prevails when bona fides are absent”, word marks dominate consumer perception, and minor variations in packaging will not save infringers

Court’s decision The Madras High Court granted a permanent injunction restraining the defendants from using the mark “BOUNCE” for alcoholic beverages on the ground that the defendants’ adoption lacked bona…

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Rawlaw November 8, 2025

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