Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
HON'BLE SHRI JUSTICE MANISH PITALE
Khadi And Village Industries Commission – Appellant
Versus
The Registrar Of Trade Marks – Respondent
JUDGMENT :
MANISH PITALE, J.
in Class 2, has been refused registration under Section 9(1)(b) of the Trade Marks Act, 1999.2. The petitioner i.e. Khadi and Village Industries Commission is a statutory body established by an Act of Parliament and it is an apex organization under the Ministry of Micro, Small and Medium Enterprises, engaged in promotion of Khadi and village industries in rural areas. The petitioner has been using its name “KHADI” on various products for a long period of time and it has spent considerable amount towards advertisement and promotional activities associated with such products. The trade mark “KHADI” of the petitioner has been declared as a well-known trade mark by the Delhi High Court and it is also included in the list of well-known trade marks by the Trade Mark Registry in the year 2022.
3. On 17.12.2020, the petitioner announced the launch of its anti-fungal, anti-bacterial paints, the main component of which is cow dung, under the brand
The court established that a composite trade mark must be assessed as a whole for registration, not in parts, and that refusal based on descriptiveness must consider the entirety of the mark.
The central legal point established in the judgment is the requirement for distinctiveness of a mark for registration under Section 9(1)(a) of the Trade Marks Act, and the need for the Registrar to p....
The main legal point established is that a mark should be viewed as a whole and not in parts when determining its distinctiveness under Section 9(1) of the Trade Marks Act, 1999.
The central legal point established in the judgment is the application of Section 11(1)(b) of the Trademarks Act to determine the likelihood of confusion based on phonetic similarity and the priority....
The court emphasized that the petitioner's claim was expansive beyond legitimate bounds, and the use of the word 'KWIK' on one of their many sub-brands could not give them dominance over what had alr....
Registration validity sustained if distinctiveness established over time despite claims of descriptiveness.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
