- Case number
- C.A.(COMM.IPD-TM) 29/2022
- Court
- Delhi High Court
- Date of judgment
- Judge
- Prathiba M. Singh
- Outcome
- Allowed in part
Headnote
A multi-class application refused under sections 9 and 11 must be dealt with class by class, and the Court disposed of the appeal that way. Taking the citations class by class against their current Registry status, it allowed advertisement in every class where the cited marks had lapsed for non-renewal, been abandoned or refused, or where the applicant agreed to restrict its specification so that the goods no longer overlapped, and refused advertisement only in Class 22, where a live conflicting registration remained. The global registrations of the mark and the status of each citation as on the date of hearing were both treated as material. A restricted specification is the route to advertisement where a citation is live but the goods can be separated.
Disposition
Allowed in part. Impugned order set aside; marks to proceed for advertisement in the classes specified, on restricted specifications where recorded, and not to proceed in Class 22.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.