IP Case Digest · Trade Marks

Hyclone Laboratories, Inc. v. Registrar of Trade Marks, C.A.(COMM.IPD-TM) 73/2021

Case number
C.A.(COMM.IPD-TM) 73/2021
Date of judgment
Judge
Sanjeev Narula
Outcome
Remanded

Headnote

The statement of grounds recorded that the applicant had produced no documentary evidence in support of its user claim. A detailed user affidavit had in fact been filed with a Form TM-M for amendment of the application, and those documents ought to have been taken into consideration. The findings were contrary to the record and vitiated the refusal.

Read the judgment (PDF)

Disposition

Allowed. Refusal order and statement of grounds set aside and the matter remanded. All rights and contentions left open.

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