Amrit Corp. Limited v. The Registrar of Trade Marks (C.A.(COMM.IPD-TM) 19/2021)

Case number

C.A.(COMM.IPD-TM) 19/2021

Court

Delhi High Court

Date of judgment

16 January 2023

Judge

Sanjeev Narula

Outcome

Set aside

Headnote

Allowed. A composite label mark comprising a wave or splash of milk with the words "JUST" and "MILK" was held capable of distinguishing. The use of "JUST" in relation to milk is plainly arbitrary, and in conjunction with "MILK" the mark becomes suggestive rather than descriptive. The appellant's existing registrations for the word "JUST" for milk and milk products supported the conclusion, and the objection under section 9 did not sustain.

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