- Case number
- C.A.(COMM.IPD-TM) 106/2021
- Court
- Delhi High Court
- Date of judgment
- Judge
- Sanjeev Narula
- Outcome
- Set aside
Headnote
Refusal under sections 9(1)(a), 9(1)(b) and 11(1)(a) set aside. The combined term was not a dictionary word but a joining of two distinct words which, taken together, suggested a brand relating to the care of colours and so was suggestive at best for cosmetics, and it was written in a stylised manner that set it apart. Continuous use since 2013 gave some basis for a claim of acquired distinctiveness. The relative grounds objection fell away because the applicant removed from the mark the element it shared with the cited marks.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.