IP Case Digest · Trade Marks

Shivank Dalmia v. Registrar of Trade Marks, C.A.(COMM.IPD-TM) 123/2022

Case number
C.A.(COMM.IPD-TM) 123/2022
Date of judgment
Judge
Sanjeev Narula
Outcome
Set aside

Headnote

No hearing was given before the application was refused. The Registry disputed that but was content for directions to issue. The applicant was prima facie already using the mark commercially and held a registration for a related device, so refusal without a hearing had substantially affected his rights, and a fresh hearing was directed with the merits untouched.

Read the judgment (PDF)

Disposition

Allowed. Impugned order set aside. The Court expressly did not examine the merits of the case.

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