IP Case Digest · Trade Marks

HMD Global Oy v. The Registrar of Trade Marks, CMA(TM) 7/2023

Case number
CMA(TM) 7/2023
Date of judgment
Outcome
Remanded

Headnote

Notice was given under section 9(1)(a) and the applicant was heard on it across three successive hearings, and the refusal then came under section 9(1)(b). The two sub-clauses are not overlapping provisions but have their own distinctive areas of operation, so an order under one where the applicant was heard only on the other is a gross violation of natural justice.

Read the judgment (PDF)

Disposition

Set aside. The matter remanded, the respondent to continue processing the application from the stage where it was left.

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