Challenge To The Validity Of Trademark: A Fresh Perspective

Article by Himanshu Sharma and Anirudh Banga¹

INTRODUCTION:

Registration of trademark provides the rights to the proprietor to take action against the misuse of his trademark. The registration of trademark under Trademark Act, 1999 is held to be valid in all legal proceedings under section 31. The same section came into the observation of the Hon'ble Bombay High Court in a recent Judgment in Lupin ltd and Anr vs Johnson & Johnson and Anr² wherein court dealt in detail regarding the validity of the trademarks challenged by the de-fendant at the interlocutory stage of the proceedings. Although the law regarding the validity of a registered trademark is dealt with in a number of cases but the observation of the Court in the instant case is quite refreshing as it interpreted the section with a fresh perspective. The observation made by the court might not be final law on this section but the same has provided a new dimension which would be considered by the superior