IP Case Digest · Trade Marks

M/s. TIL Healthcare Private Limited v. The Registrar of Trade Marks, (T)CMA(TM) 144/2023

Case number
(T)CMA(TM) 144/2023
Date of judgment
Judge
Senthilkumar Ramamoorthy
Outcome
Set aside

Headnote

The elements of the mark were derived from the subject matter, one from urea or urine and the other from a kidney supplement, and the protection ordinarily extended to a mark built from derived elements is lower than for an arbitrary or fanciful one. With the reason for adoption explained and many marks sharing those elements already on the register, the mark was accepted.

Read the judgment (PDF)

Disposition

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