IP Case Digest · Trade Marks

Information TV Pvt Ltd. v. Registrar of Trade Marks, C.A.(COMM.IPD-TM) 111/2022

Case number
C.A.(COMM.IPD-TM) 111/2022
Date of judgment
Judge
C. Hari Shankar
Outcome
Direction to grant

Headnote

During the appeal the appellant obtained registration of the corresponding word mark in the same class, without any accompanying disclaimer. That being so, the Registrar could not object to the device mark in that class, and the appeal succeeded on that ground alone, the Court expressly declining to go into whether the mark was otherwise registrable under section 9.

Read the judgment (PDF)

Disposition

Allowed. Impugned order quashed and set aside; the Registrar directed to register the device mark in class 41 and the application allowed.

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