- Case number
- (T)CMA(TM) 191/2023
- Court
- Madras High Court
- Date of judgment
- Outcome
- Remanded
Headnote
A preliminary objection raised under section 11(1) cannot become a refusal under section 11(2), and a summary refusal at the preliminary stage is premature: the Registrar should have let the mark go to publication and waited to see whether opposition followed. Section 11(1) is also subject to section 12, so the Registrar is not without power to impose suitable conditions, including a disclaimer, in place of refusing outright.
Disposition
Set aside and remanded for de novo consideration, uninfluenced by the view expressed in the impugned order.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.