IP Case Digest · Trade Marks

S and P Global Inc. v. The Registrar of Trade Marks, C.A.(COMM.IPD-TM) 36/2022

Case number
C.A.(COMM.IPD-TM) 36/2022
Date of judgment
Judge
Sanjeev Narula
Outcome
Set aside

Headnote

Two dictionary words used together did not directly describe a positive quality of the services and only hinted at their intended nature, so the mark was suggestive at the highest even though it had the potential of being commendatory. A user affidavit showed use in India since 2013, identical registrations existed in several jurisdictions, and half of the ten cited marks were the applicant's own.

Read the judgment (PDF)

Disposition

Allowed. Impugned orders set aside; the Registry directed to process the application.

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