- Case number
- C.A.(COMM.IPD-TM) 47/2022
- Court
- Delhi High Court
- Date of judgment
- Judge
- Prathiba M. Singh
- Outcome
- Disposed of
Headnote
An order that never considered whether the mark had acquired a secondary meaning was unsustainable for that reason alone. Descriptive marks can be registered where secondary meaning is established, and a mark is not to be rejected straightaway merely because part of it carries a reference to the goods: the merits must be weighed along with the extent of usage, and the applicant's other registrations bear on registrability.
Disposition
Disposed of. The mark held to deserve advertisement on conditions, the impugned order's reasoning being unsustainable.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.