- Case number
- C.A.(COMM.IPD-TM) 117/2022
- Court
- Delhi High Court
- Date of judgment
- Judge
- Sanjeev Narula
- Outcome
- Set aside
Headnote
Allowed. On section 9(1)(b) the examiner had ignored material going to reputation and goodwill, namely registrations for SOUNDLINK in the European Union, Canada, Colombia, Peru, Chile, Korea, Russia, Hong Kong and the USA, continuous use since 2010, and widespread sales online and through 35 retail stores. On section 11 the court held that composite marks are to be compared by overall appearance and commercial impression rather than dissected into individual features, so commonality of the word "sound" alone was not prima facie likely to cause confusion.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.