- Case number
- C.A.(COMM.IPD-TM) 27/2021
- Court
- Delhi High Court
- Date of judgment
- Judge
- Amit Bansal
- Outcome
- Set aside
Headnote
Three defects. An objection under section 11 cannot be taken at all where the examination report identifies no similar or identical earlier mark in support of it. The order reproduced the language of section 9(1)(b) without saying how the mark fell within any of its grounds. And a user affidavit was not mandatory under the rules in force when the application was filed, which gave the Registrar only a discretion to call for one, which he never exercised.
Disposition
Allowed. Impugned order set aside.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.