- Case number
- C.A.(COMM.IPD-TM) 15/2025
- Court
- Delhi High Court
- Date of judgment
- Judge
- Tejas Karia
- Outcome
- Allowed
Headnote
Refusal of a mark as descriptive set aside. The Court held that the reasoning was imaginary and based on conjecture: the order never clarified which products consumers were supposed to be choosing between, and there was no factual material to support the conclusion that the mark denoted a variety of goods. Decisively, the application was filed on a proposed-to-be-used basis, so there was no prior use from which any conclusion about consumer options could be drawn, and the order was silent on that aspect.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.