- Case number
- C.A.(COMM.IPD-TM) 38/2022
- Court
- Delhi High Court
- Date of judgment
- Judge
- Sanjeev Narula
- Outcome
- Set aside
Headnote
Allowed. The mark was held suggestive rather than descriptive of the goods. Several of the cited marks, including FRESH COVER, FRESH MAKE UP, FRESHEE and FRESH MIX, had already lapsed by the date of the impugned order, and the remainder were prima facie dissimilar when the competing marks were compared as wholes following Cadila Healthcare. The appellant's registrations for the identical device in the USA, Canada, Australia, Indonesia, Mexico and Hong Kong, as well as in India in other classes, were relevant and had been left out of account.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.