IP Case Digest · Trade Marks

Bovian Pharma Pvt. Ltd. v. The Registrar of Trade Marks, CMA(TM) No.11 of 2024

Case number
CMA(TM) No.11 of 2024
Date of judgment
Judge
Abdul Quddhose
Outcome
Remanded

Headnote

Refusal under section 11 quashed. The registration of the first cited mark had expired and had not been renewed, as the impugned order itself confirmed, and the second cited mark was subject to an opposition still pending before the Registrar. No prejudice would be caused by reconsidering the application afresh, and the applicant was permitted to put further evidence on record to show its mark was neither identical nor deceptively similar to the cited marks.

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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.