Heraeus Electro-Nite International N.V. v. The Registrar of Trade Marks, (T)CMA(TM) 158/2023

Case number

(T)CMA(TM) 158/2023

Court

Madras High Court

Date of judgment

25 September 2023

Judge

Senthilkumar Ramamoorthy

Outcome

Set aside

Headnote

A refusal bereft of reasons, with grounds of decision issued about a year later recording conclusions that were not preceded by any reasoning. Evidence of use ran from 2010 with invoices, the applicant's contention that the words bore no relation to the goods was never dealt with, and one cited mark had since been refused registration.

Read the judgment (PDF)

Disposition

Disposed of. Order of refusal and grounds of decision set aside; the application to be accepted for 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.