IP Case Digest · Trade Marks

British Engines (UK) Limited v. The Assistant Registrar of Trade Marks, (T)CMA(TM) 142/2023

Case number
(T)CMA(TM) 142/2023
Date of judgment
Judge
Senthilkumar Ramamoorthy
Outcome
Set aside

Headnote

A refusal consisting of a single sentence, that the mark was objectionable under sections 9 and 11, was held completely bereft of reasons, and the grounds of decision supplied later under Rule 36(1) added only further conclusions. The mark derived from the applicant's corporate name, was not applied to the goods its words name, and had been registered abroad in identical form. Lack of reasons alone was enough to set the order aside.

Read the judgment (PDF)

Disposition

Allowed. Impugned order set aside and the application directed to proceed to advertisement. Not binding on opponents.

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