IP Case Digest · Trade Marks

Sun Pharma Laboratories Ltd. v. Registrar of Trade Marks, C.A.(COMM.IPD-TM) 22/2022

Case number
C.A.(COMM.IPD-TM) 22/2022
Date of judgment
Judge
Sanjeev Narula
Outcome
Set aside

Headnote

Refusal under section 11(1)(a) and (b) set aside. Of the cited marks two were likely to be removed for non-renewal and one stood refused, while the only surviving citation was shown to be unused on e-commerce portals. The appellant already held a registration for a mark containing the same element, in use since 2011. Mark allowed to be advertised before acceptance under the proviso to section 20.

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.