IP Case Digest · Trade Marks

Valverde Norambuena Ltda. v. Registrar of Trade Marks, C.A.(COMM.IPD-TM) 134/2022

Case number
C.A.(COMM.IPD-TM) 134/2022
Date of judgment
Judge
Sanjeev Narula
Outcome
Set aside

Headnote

Refusal under section 11(1)(a) set aside where the current status of the cited marks, handed over at the hearing, showed two lapsed for non-payment of the renewal fee, two refused and two abandoned. The only surviving citation was a device mark prima facie dissimilar to the applicant's device. The mark was allowed to proceed, subject to a disclaimer.

Read the judgment (PDF)

Disposition

Allowed. Impugned order set aside; the mark to proceed for registration.

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