IP Case Digest · Trade Marks

FreshToHome Foods Private Limited v. The Registrar of Trade Marks, (T)CMA(TM) 161/2023

Case number
(T)CMA(TM) 161/2023
Date of judgment
Judge
Senthilkumar Ramamoorthy
Outcome
Set aside

Headnote

The prohibition applies only if the trade mark consists exclusively of marks or indications which serve in trade to designate, among other things, the intended purpose. A device mark of a pictorial element beside stylised words, examined as a whole, does not fall within it, and both cited marks stood at the status of objected.

Read the judgment (PDF)

Disposition

Disposed of. Impugned order, which was unreasoned, set aside and the application directed to proceed to advertisement. Not binding on opponents.

Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.