Laticrete International, Inc. v. The Registrar of Trade Marks, (T)CMA(TM) 149/2023

Case number

(T)CMA(TM) 149/2023

Court

Madras High Court

Date of judgment

19 September 2023

Judge

Senthilkumar Ramamoorthy

Outcome

Set aside

Headnote

An unreasoned refusal that the Court called a copy and paste job, its grounds of decision recording conclusions that the marks were identical, the goods similar and the proprietor of the citations the prior user, with no attempt to engage the reply to the examination report. Two citations were abandoned and the other three remained merely opposed.

Read the judgment (PDF)

Disposition

Allowed. Refusal order and grounds of decision set aside; the application directed to be advertised. Not binding on opponents.

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