IP Case Digest · Trade Marks

Kapil Goyal v. The Registrar of Trade Marks, C.A.(COMM.IPD-TM) 15/2025

Case number
C.A.(COMM.IPD-TM) 15/2025
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.

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