IP Case Digest · Trade Marks

Kohler Co. v. Registrar of Trade Marks, C.A.(COMM.IPD-TM) 34/2022

Case number
C.A.(COMM.IPD-TM) 34/2022
Date of judgment
Judge
Sanjeev Narula
Outcome
Set aside

Headnote

Slogans and taglines are treated like word marks when an application is processed. Three common dictionary words making no reference, direct or indirect, to the services, used together as a tagline, form a creative and distinct expression; a tagline conveys a simple message but can also be abstract to the extent that it indicates commercial origin.

Read the judgment (PDF)

Disposition

Allowed. Impugned order set aside; the Registry directed to process the application.

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