IP Case Digest · Trade Marks

Monster Energy Company v. The Registrar of Trade Marks, CMA(TM) 3/2024

Case number
CMA(TM) 3/2024
Date of judgment
Judge
Abdul Quddhose C. M. A
Outcome
Set aside

Headnote

A refusal over a cited mark covering a different range of beverages was quashed for total non-application of mind. The question of rejecting the application at that stage did not arise: the mark should go to the journal, and any opposition that follows can be decided on its merits after a fair hearing.

Read the judgment (PDF)

Disposition

Allowed. Impugned order quashed; the Registry directed to permit publication of the mark in the trade marks journal.

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