- Case number
- (T)CMA(TM) 78/2023
- Court
- Madras High Court
- Date of judgment
- Outcome
- Direction to grant
Headnote
Common English words can be registered when the mark is read in its totality, and the Registrar cannot dissect it the way he attempted. Even an unusual juxtaposition of words in common use may qualify as distinctive, and distinctiveness is judged against the particular services rather than in a vacuum, so long as the applicant claims no monopoly in the separate words.
Disposition
Allowed. The Registry directed to register the mark, with a condition as to the individual words.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.