IP Case Digest · Trade Marks

Abro Industries, Inc. v. The Registrar of Trade Marks, C.A.(COMM.IPD-TM) 155/2021

Case number
C.A.(COMM.IPD-TM) 155/2021
Date of judgment
Judge
Sanjeev Narula
Outcome
Set aside

Headnote

A three-digit numeral was refused as descriptive and for want of a user affidavit. The statutory definition of a mark expressly includes a numeral, and a numeral can be excluded only if it designates a characteristic of the goods, which these three digits did not for a liquid gasket maker. The user affidavit requirement came from the 2017 Rules and could not be applied to an application filed in 2012.

Read the judgment (PDF)

Disposition

Allowed. Impugned order and the statement of grounds of decision set aside; the Registry directed to process the application.

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