- Case number
- (T)CMA(TM) 95/2023
- Court
- Madras High Court
- Date of judgment
- Judge
- Senthilkumar Ramamoorthy
- Outcome
- Set aside
Headnote
A device mark of three elements was refused as a common surname and geographical name, and over a cited mark in Kannada. Distinctiveness must be judged on the mark as a whole, so the absolute ground failed. The proprietor of the cited mark had sued the applicant, a contempt order in that suit had expressly permitted this very use with the place name in a smaller font, and the suit was later dismissed as withdrawn, so the relative ground failed too.
Disposition
Allowed. Impugned order and the statement of grounds of decision set aside, both being unreasoned and merely recording conclusions; the application to be accepted for advertisement. Not binding on opponents.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice.