- Case number
- C.A.(COMM.IPD-TM) 108/2021
- Court
- Delhi High Court
- Date of judgment
- Judge
- Sanjeev Narula
- Outcome
- Set aside
Headnote
Refusal under section 11(1)(a) and (b) set aside where the proprietor of the cited mark had already consented to the appellant's use and registration for the very goods applied for. That consent formed part of a settlement recorded on a joint application under Order XXIII Rule 3 of the Code of Civil Procedure, on which the earlier suit between the same parties had been decreed. The settlement had been brought to the Senior Examiner's notice in the reply to the examination report but was overlooked, and a binding agreement forming the basis of a court decree made the reasons in the impugned order unsustainable.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.