- Case number
- CMA(TM) 5/2023
- Court
- Madras High Court
- Date of judgment
- Judge
- Senthilkumar Ramamoorthy
- Outcome
- Set aside
Headnote
A device mark was refused as liable to designate the kind or intended purpose of the service. Viewed as a whole, the image of a rooster beside stylised wording with the applicant's corporate name beneath it was distinctive. The identical device mark was already registered for a class of goods more closely related to the applicant's business, which made the refusal unjustified.
Disposition
Allowed. Impugned order set aside; the application to proceed to registration, subject to a limitation. Not binding on opponents.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.