Roopak's Pik and Pay v. The Registrar of Trade Marks, C.A.(COMM.IPD-TM) 37/2021

Case number

C.A.(COMM.IPD-TM) 37/2021

Court

Delhi High Court

Date of judgment

12 July 2023

Judge

Prathiba M. Singh

Outcome

Set aside

Headnote

Refusal set aside where every cited mark but one belonged to the applicant's own family and its sister concerns, and the single third party citation had already been abandoned. A civil court had separately permitted the applicant to use the mark in the family dispute over it, on a prima facie finding of some twenty-five years of use, and that order appears never to have been placed before the Registrar.

Read the judgment (PDF)

Disposition

Allowed. Impugned order set aside; the application to be accepted and advertised 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.