IP Case Digest · Trade Marks Rules s.36(1)
3 judgments of the Madras High Court applying Trade Marks Rules s.36(1), from 2023, each with a headnote by BRB Legal.
Madras High Court · Set aside
The whole of the operative order read that the mark was objectionable under section 9 or 11 and was accordingly refused, followed by the standard invitation to ask for grounds. A quasi judicial authority cannot fight shy of providing reasons for its decision, whatever the rule about grounds says.
Madras High Court · Set aside
A composite device mark was refused as descriptive. Such a mark must be examined as a whole and not split into its parts, and section 18(4) lets the Registrar accept an application subject to conditions. The appellant offered on instructions to disclaim the individual words, and that offer was accepted.
Madras High Court · Set aside
The order was a template recording that the agent appeared and then pasting the text of section 9(1)(a). The grounds of decision added only conclusions, and in different language from the section relied on. It is wholly insufficient to merely record conclusions ipse dixit.