M/s. K and K Promotions SA v. The Registrar of Trade Marks, (T)CMA(TM) 208/2023

Case number

(T)CMA(TM) 208/2023

Court

Madras High Court

Date of judgment

29 November 2023

Judge

Senthilkumar Ramamoorthy

Outcome

Set aside

Headnote

The only commonality with the three citations was a French word meaning a large country house or castle, of which judicial notice may be taken that it is commonly contained in marks associated with the wine business. Likelihood of confusion is examined by reckoning the class of consumers, who for wines are limited, discerning and aware of that usage.

Read the judgment (PDF)

Disposition

Allowed. Order of refusal and statement of grounds set aside; the application to proceed to advertisement. 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.