JUDGMENT :

C. HARI SHANKAR, J.

1. The appellant is aggrieved by order dated 4th February 2021, passed by the learned Senior Examiner of Trademarks in the office of the Registrar of Trademarks, whereby Application No. 3757855 of the appellant has been rejected by the learned Senior Examiner.

2. Written submissions by way of response to the appeal have been filed by the respondent. I have heard Mr. Miglani, learned Counsel for the appellant and Mr. Harish Vaidyanathan Shankar, learned Counsel for the respondent.

Facts

3. Application No. 3757855 was submitted by the appellant for registration of the word mark “COCK” under Class 28 of the NICE classification as adopted by Rule 20 of the Trademarks Rules 2017, for “water and colour pistols, water and colour guns, water and colour sprayers, being toys included in Class 28.” Mr. Miglani points out that the goods in respect of which the impugned mark was sought to be registered were pistols in the nature of “pichkaris” (water guns), used in festivals such as Holi for spraying colours. He submits that, even if akin in shape to guns, the water and colour pistols made by the appellant have nothing in common with fireworks, with which, traditionall