IP Case Digest · Trade Marks

7-Eleven International LLC v. The Deputy Registrar of Trade Marks, The Registrar of Trade Marks, and Ravi Foods Private Limited, (T) CMA (TM) Nos.110 & 157 of 2023

Case number
(T) CMA (TM) Nos.110 & 157 of 2023
Date of judgment
Judge
N. Anand Venkatesh
Outcome
Registration refused

Headnote

Appeals dismissed and the refusal of registration upheld, though for different reasons than the Registrar gave. The judgment turns on what "intention to use" requires: an applicant must have a definite and present intention to deal in the goods at the time of registration, a resolve or settled purpose, not a mere general intention of extending the business at some future time to anything it might think desirable. That the applicant had applied in 1994 but had still not commenced business or sales in India by the time opposition proceedings began over a decade later in 2007 was an additional, though not decisive, factor weighing against it.

Read the judgment (PDF)

Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.