IP Case Digest · Trade Marks

Castrol Limited v. The Registrar of Trade Marks, C.A.(COMM.IPD-TM) 133/2021

Case number
C.A.(COMM.IPD-TM) 133/2021
Date of judgment
Judge
Sanjeev Narula
Outcome
Remanded

Headnote

A refusal over two cited marks was remanded after it emerged that the agent for those marks had written to the Registry conveying instructions to withdraw them, yet they were registered anyway with no explanation forthcoming, and their specification had since been narrowed. The order recorded objections under both sections 9 and 11 while the statement of grounds gave only the relative ground.

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Disposition

Disposed of. Impugned order set aside and the matter remanded to the Registry for fresh consideration in the light of the facts noted. All rights and contentions left open.

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