IP Case Digest · Trade Marks Act s.151
3 judgments of the Delhi High Court applying Trade Marks Act s.151, from 2024, each with a headnote by BRB Legal.
Delhi High Court · Set aside
Application deemed abandoned under section 21(2) for want of a counter statement, set aside. The Registry's own instructions showed no acknowledgment of service of the notice of opposition on the applicant or its agent, and counsel admitted the email had bounced. The notice having never been served, the application could not be treated as abandoned.
Delhi High Court · Remanded
Refusal passed after a hearing the applicant did not attend, set aside for want of proof that the hearing notice was received. The Registry could not establish delivery through the National Informatics Centre and the application did not appear on the Correspondence Dashboard at all. Remanded for a fresh hearing notice and a hearing before any final order.
Delhi High Court · Dismissed
A mark built on a word that applies to almost all medicinal and pharmaceutical goods, which are essentially relief giving, is extremely generic however it is prefixed. The threshold for registration of a pharmaceutical mark is higher, the application was on a proposed-to-be-used basis with no user claimed, and registration would amount to expansive overreach.
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