IP Case Digest · Trade Marks

Orient Cement Limited v. The Registrar of Trade Marks, (T)CMA(TM) 187/2023

Case number
(T)CMA(TM) 187/2023
Date of judgment
Judge
N. Seshasayee
Outcome
Set aside

Headnote

The same tag line had been registered in Hindi and in vernacular transliterations. Refusing it in English alone for want of distinctiveness was plainly arbitrary. It is not the language that matters but the content, and the tag line was claimed with the mark, not in exclusion of it.

Read the judgment (PDF)

Disposition

Allowed. Order of refusal set aside.

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