IP Case Digest · Trade Marks

Shubham Goldiee Masale Pvt. Ltd. v. Jai Shiv Oil Industries & Anr., C.O. (COMM.IPD-TM) 392/2021, 393/2021

Case number
C.O. (COMM.IPD-TM) 392/2021
Date of judgment
Judge
Tushar Rao Gedela
Outcome
Rectification allowed

Headnote

Rectification allowed and GOLDI cancelled. The Court found the rival marks phonetically, visually and structurally nearly identical with no conceptual distinction, in the same class and for similar goods, with common trade circles, distribution networks, retail outlets and consumers, so an average consumer of imperfect recollection would be confused or would at least assume an association. Section 47(1)(a) independently supported removal, there being no evidence of how the respondent adopted the mark and none of use three months before the date of application, and sections 9(2)(a) and 11(1)(a) and (b) would in any event have barred registration.

Read the judgment (PDF)

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