- Case number
- C.A.(COMM.IPD-TM) 91/2021
- Court
- Delhi High Court
- Date of judgment
- Judge
- Sanjeev Narula
- Outcome
- Set aside
Headnote
Two points. The requirement to substantiate a user claim by affidavit was introduced by the 2017 Rules and could not be applied to an application filed in 2011, and that objection was in any event raised for the first time at the review stage. And the sole cited mark was assigned to the applicant while the appeal was pending, which removed the only surviving ground of refusal.
Disposition
Allowed. Review order set aside; the Registry directed to proceed for registration of the mark.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.