Loreal Vs Rajesh Kumar Taneja

The High Court of Delhi delivered a judgment on 15.07.2024 in the case of Loreal India Pvt Ltd versus Rajesh Kumar Taneja Trading as Innovative Derma Care & Anr. The appellant sought cancellation of the trademark 'CLARIWASH' registered in favor of respondent no.1, claiming its predecessor had adopted 'CLARI' formative trademarks. The court dismissed the application, stating the impugned trademark was not deceptively similar to the appellant's trademarks and that the registration was not required to be cancelled due to procedural errors.

The court found that the impugned trademark was not deceptively similar to the appellant's trademarks and that the registration was not required to be cancelled due to procedural errors. The court also noted that the appellant's predecessor had full opportunity to oppose the registration of the impugned trademark at the material time but had taken no steps to do so. The court dismissed the appeal and pending applications.

The High Court of Delhi dismissed the appellant's application seeking cancellation of the impugned trademark, stating that the registration was not required to be cancelled due to procedural errors and that the impugned trademark was not deceptively similar to the appellant's trademarks. The court found no grounds to interfere with the impugned judgment and dismissed the appeal and pending applications.

Case Citation: Loreal Vs Rajesh Kumar Taneja :15.07.2024/RFA(OS)(IPD) 2/2023 :Delhi High Court: Vibhu Bakhru and Tara Vitasta Ganju, H. J. 

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Advocate Ajay Amitabh Suman

IP Adjutor [Patent and Trademark Attorney]

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