- Case number
- C.A.(COMM.IPD-TM) 33/2021
- Court
- Delhi High Court
- Date of judgment
- Judge
- Sanjeev Narula
- Outcome
- Set aside
Headnote
A mark is descriptive only if the goods are actually marketed in a way that bears out the description: unless the products were sold as preferred or recommended by doctors, the mark was suggestive and not descriptive. The only commonality with the cited marks was a prefix that the Registry had already registered to several others in the same class.
Disposition
Allowed. Refusal order and review order set aside; the Registry directed to process the application.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice.