IP Case Digest · Trade Marks

Alps Alpine Co. Ltd. v. The Registrar of Trade Marks, C.A.(COMM.IPD-TM) 132/2021

Case number
C.A.(COMM.IPD-TM) 132/2021
Date of judgment
Judge
Sanjeev Narula
Outcome
Direction to grant

Headnote

ALPS applied to electrical goods is arbitrary, not descriptive, and the Registry's own practice accepts mountain names for goods unconnected with the geography. Two cited marks were abandoned and the third dissimilar. The refusal also rested on a user affidavit required only by rules made after the application was filed.

Disposition

Allowed. Order of refusal set aside and registration directed.

Also listed as

  • C.A.(COMM.IPD-TM) 160/2021
  • O.A. 12/2020/TM/DEL

Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice.