- Case number
- C.A.(COMM.IPD-TM) 123/2021
- Court
- Delhi High Court
- Date of judgment
- Judge
- Sanjeev Narula
- Outcome
- Set aside
Headnote
A mark that this Court had already held, in the applicant's earlier litigation, to have acquired a secondary meaning could not then be refused as devoid of distinctive character. The applicant also held an identical mark registered in the very class applied for, and claimed no exclusive rights over the descriptive part of the phrase.
Disposition
Allowed. Statement of grounds and refusal order set aside.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.