IP Case Digest · Trade Marks

STP Limited v. The Registrar of Trade Marks, C.A.(COMM.IPD-TM) 118/2021

Case number
C.A.(COMM.IPD-TM) 118/2021
Date of judgment
Judge
Prathiba M. Singh
Outcome
Set aside

Headnote

A one-sentence refusal, that the mark was objectionable under sections 9 and 11, was set aside. The examination report had raised no section 9 objection at all. The applicant held more than a hundred registrations sharing the same prefix, including the prefix registered as a word mark on its own, and the proprietor of the cited marks had been permanently injuncted by a civil court from using that prefix in any manner.

Read the judgment (PDF)

Disposition

Allowed. Impugned order set aside; the application to proceed for advertisement.

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