IP Case Digest · Trade Marks

FreshToHome Foods Private Limited v. The Registrar of Trade Marks, (T)CMA(TM) 185/2023

Case number
(T)CMA(TM) 185/2023
Date of judgment
Judge
Senthilkumar Ramamoorthy
Outcome
Set aside

Headnote

A device mark of three leaves beside stylised words was refused as descriptive. There was a case to contend that it was suggestive and not descriptive, the examination report had noticed no conflicting marks at all, and the identical mark stood registered in five other classes with use evidenced by affidavit, invoices and advertisements.

Read the judgment (PDF)

Disposition

Allowed. Impugned order 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.