- Case number
- CMA(TM) 5/2024
- Court
- Madras High Court
- Date of judgment
- Outcome
- Set aside
Headnote
A refusal under section 9(1)(b) was set aside for dissecting a composite word mark. Even on an absolute grounds objection the mark must be considered as a composite whole, and the order never explained why the composite was descriptive or common to the trade. Registrations of the same mark in the United States and in Uganda had been brought to the Registrar's notice and were ignored. The applicant's services were also wider than the class applied for.
Disposition
Allowed. Impugned order set aside; the Registrar directed to process the application for registration.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.