- Case number
- CMA(TM) 12/2024
- Court
- Madras High Court
- Date of judgment
- Judge
- Abdul Quddhose
- Outcome
- Set aside
Headnote
A refusal under section 11 was quashed as non-speaking because the order never disclosed which of the several grounds in that section it rested on. The cited mark covered medicines sold only against a doctor's prescription while the applicant's goods were lifestyle products bought off the shelf, so the two did not meet the same purchaser. The right course was to publish and let any opposition be filed.
Disposition
Allowed. Impugned order quashed and the applicant permitted to publish the mark, or its modified form, in the journal.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.