- Case number
- C.A.(COMM.IPD-TM) 125/2022
- Court
- Delhi High Court
- Date of judgment
- Judge
- Sanjeev Narula
- Outcome
- Set aside
Headnote
Refusal under section 9(1)(a) and (b) of a composite mark set aside. The artwork, a water droplet covered by a leaf in the shape of a hand, was unique, creative and clearly distinctive. A mark must be seen as a whole, and the slogan and acronym within it, though prominent, are only part of it. The Registry produced no material to show the expression was common to the trade or descriptive of any feature of water treatment products, and slogans and taglines can be trade marks within sections 2(m) and 2(zb).
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.