JUDGMENT

Jyoti Singh, J. - Present appeal has been filed by the Appellant under Section 91 of the Trade Marks Act, 1999 (hereinafter referred to as the 'Act') seeking setting aside of the impugned order dated 31.07.2018 passed by the learned Senior Examiner of Trade Marks in application No. 2628985, refusing to accept and advertise the trademark 'SENSE FLO' for goods in Class 10, as well as for a direction to accept and advertise the same.

2. Appellant had filed an application for registration of the trademark 'SENSE FLO' on 18.11.2013 and on 11.02.2015, the Examination Report was issued with the following objections:-

'The trade marks-which are devoid of any distinctive character, that is to say, not capable of distinguishing the goods or services of one person from those of another person; which consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service;

The Trade Mark application is open to objection on relative grounds of refusal under Section 11 of the Act because the sa