- Case number
- CMA(TM) 16/2024
- Court
- Madras High Court
- Date of judgment
- Judge
- Abdul Quddhose
- Outcome
- Set aside
Headnote
A refusal was quashed as a non-speaking order passed in breach of natural justice. The Registrar asserted for the first time in the order that the cited marks were in use, without disclosing how he knew and without any opportunity to rebut it, and raised the want of acquired distinctiveness under the proviso to section 9 for the first time there too. The cited registrations were territorially restricted and did not cover the state in which the applicant trades.
Disposition
Allowed. Impugned order quashed and the Registrar directed to publish the mark in the journal.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.