JUDGMENT :

Prathiba M. Singh, J.

1. This hearing has been done through hybrid mode.

2. The present appeal was filed before the IPAB and has been received by this Court, pursuant to the Tribunals Reforms Act, 2021.

3. This is an appeal filed by the Appellant– Radico Khaitan Ltd. challenging the rejection of the trademark application No. 2387453, for the registration of the mark “EFKAY’S XXX RUM (Device)” in class 33. The mark sought to be registered by the Appellant is as under :

4. The Appellant is aggrieved by the order dated 22nd June, 2020 passed by the Senior Examiner by which the review petition filed by the Appellant has been dismissed. The said review petition was filed seeking review of the order dated 19th July, 2018 vide which the trade mark application of the Appellant bearing no. 2387453 for the registration of the mark “EFKAY’S XXX RUM (Device)” in class 33 was rejected.

5. The background of the case is that, the Appellant filed an application for the registration of the mark “EFKAY’S XXX RUM (Device)” dated 20th August, 2012. An examination report dated 12th December, 2