- Case number
- C.A.(COMM.IPD-TM) 138/2022
- Court
- Delhi High Court
- Date of judgment
- Judge
- Sanjeev Narula
- Outcome
- Set aside
Headnote
A device mark refused on both absolute and relative grounds was allowed. A nearly identical mark was already registered in two of the classes applied for; use since 2008 was proved by an affidavit of use together with felicitations and coverage in travel and lifestyle press, so the proviso to section 9(1) applied; and a word descriptive of the services in one class has no direct association with the goods in the others. Every citation but one had lapsed or been refused, and the single class in which that one sat was given up.
Disposition
Allowed. Impugned order and the statement of grounds set aside; the Registry to process the application.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.