IP Case Digest · Trade Marks

Rajni Gupta t/a Guru Kripa Chemico Industries v. The Registrar of Trade Marks, C.A.(COMM.IPD-TM) 33/2021

Case number
C.A.(COMM.IPD-TM) 33/2021
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.