IP Case Digest · Trade Marks

Mankind Pharma Limited v. Registrar of Trade Marks, C.A.(COMM.IPD-TM) 2/2023

Case number
C.A.(COMM.IPD-TM) 2/2023
Date of judgment
Judge
Sanjeev Narula
Outcome
Rectification allowed

Headnote

Refusal under section 11(1)(a) and (b) and section 18(4) set aside. Of the three cited marks the first was likely to be removed for non-renewal, the second covered different goods and the third had been abandoned. The commonality extended only to the generic word GEM, while the subject mark was a composite device of stripes and stylised words, and the same mark already stood registered for the appellant in seven other classes.

Read the judgment (PDF)

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