- Case number
- C.A.(COMM.IPD-TM) 147/2021
- Court
- Delhi High Court
- Date of judgment
- Judge
- Sanjeev Narula
- Outcome
- Set aside
Headnote
Refusal under section 11 set aside after the position on the cited marks changed during the appeal. Proprietors of three cited marks consented to registration subject to restrictions which the appellant accepted, undertaking to amend its description of goods. One cited mark was restricted in use to two states and covered batteries and inverters, and as to another the appellant was the prior user with an entirely different description of goods and a different class of purchasers. Advertisement before acceptance directed under the proviso to section 20(1).
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.