IP Case Digest · Trade Marks

Mrs. Madhu Devi Trading as M/s. Hanuman Trading Company v. The Registrar of Trade Marks

Date of judgment
Judge
Senthilkumar Ramamoorthy
Outcome
Set aside

Headnote

Refusal of a device mark for hand saws set aside and the application directed to be accepted for advertisement. The order referred to both sections 9 and 11 although the examination report had raised only section 11, was completely unreasoned, and the grounds of decision followed about eighteen months later. On the merits, the cited marks were used for sewing and garment industry machines and for soldering and casting machines, which are neither identical nor similar to hand saws, and the appellant had produced invoices evidencing use by its predecessor in interest from October 2008 together with the deed of assignment. The Court held that the finding of mala fide adoption had no basis, and that withholding acceptance so as to avoid opposition or a passing off action is not a relevant consideration on an application for registration.

Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice.