IP Case Digest · Trade Marks

Infinitheism Spiritual Foundation Pvt Ltd. v. The Registrar of Trade Marks, (T)CMA(TM) 137/2023

Case number
(T)CMA(TM) 137/2023
Date of judgment
Judge
Senthilkumar Ramamoorthy
Outcome
Set aside

Headnote

The grounds of decision concluded that the application was on a proposed-to-be-used basis when it claimed use from a date before filing and evidence of that use was on record. A conclusion that a mark is generic or descriptive cannot be drawn without reference to the goods it is applied to, and each cited mark carried one of the two words, never both.

Read the judgment (PDF)

Disposition

Disposed of. 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.