IP Case Digest · Trade Marks

MHG IP Holdings (Singapore) Pte. Ltd. v. The Registrar of Trade Marks, Delhi, C.A.(COMM.IPD-TM) 49/2021

Case number
C.A.(COMM.IPD-TM) 49/2021
Date of judgment
Judge
Prathiba M. Singh
Outcome
Remanded

Headnote

Refusal under section 11 set aside and remanded. The cited registrations had all been filed long after the appellant's adoption of the mark in 1933, and the appellant held the corresponding domain name and showed extensive global use. On that material the case could fall within section 12, which permits registration by more than one proprietor on honest concurrent use or other special circumstances, and the Registrar was directed to consider it.

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