- Court
- Delhi High Court
- Date of judgment
- Judge
- Mini Pushkarna
- Outcome
- Rectification allowed
Headnote
Rectification allowed and the respondent's registration of KONVIO NEER in Class 35 cancelled. The petitioner had registered KONVIO and KONVIO NEER in Class 11 with effect from 2018 and had already obtained a decree of permanent injunction against the respondent in a civil suit, while the respondent's impugned registration took effect only from December 2022. Adoption of an identical mark for identical and similar goods years later could not be treated as honest or bona fide, and the registration was held to contravene sections 9, 11, 12 and 18 of the Trade Marks Act.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.