- Case number
- C.A.(COMM.IPD-TM) 138/2021
- Court
- Delhi High Court
- Date of judgment
- Judge
- Sanjeev Narula
- Outcome
- Set aside
Headnote
A multi-class refusal under sections 9(2)(a), 11(1)(a) and 11(1)(b) was set aside after the applicant converted the word mark into a composite device during the appeal and offered to disclaim the word PATANJALI. The added device and surrounding matter distinguished the mark from the citations, and the marks cited on the section 9(2)(b) objection were owned by the applicant itself, so no question of public deception arose.
Disposition
Allowed. Impugned order and the statement of grounds set aside; the modified mark to proceed to advertisement before acceptance under the proviso to section 20(1).
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.