IP Case Digest · Trade Marks

Kentucky Fried Chicken International Holdings LLC v. The Registrar of Trade Marks, C.A.(COMM.IPD-TM) 56/2022

Case number
C.A.(COMM.IPD-TM) 56/2022
Date of judgment
Judge
Sanjeev Narula
Outcome
Set aside

Headnote

Where a dictionary word is used in conjunction with another and the combination draws no instant connection with the kind of goods, the mark is at best suggestive. The objection rested on the generic half of the mark, over which no exclusivity was claimed or asserted, and the applicant already held the distinctive half registered as a word mark in the very class refused.

Read the judgment (PDF)

Disposition

Allowed. Impugned order and statement of grounds of decision set aside.

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