JUDGEMENT (ORAL)

C. Hari Shankar, J.

1. This appeal challenges order dated 13th January 2020, whereby Application No. 3018041, submitted by the appellant for registration of the mark "Indirapuram Public School" in Class 41 has been rejected by the learned Senior Examiner in the office of the Trade Marks Registry. The reasoning in the impugned order of the learned Senior Examiner reads as under:

"In the examination report, mark was clearly lacks distinctiveness and falls within the purview of Absolute ground of refusal so envisaged under Section 9(1)(a) of the Trade Mars Act, 1999 which is reproduced as under:

9(1)(a) of the Trade Marks Act 19999 as the mark is a common surname/personal name/geographical name/ornamental or a non-distinctive geometrical figure and as such it is not capable of distinguishing the goods or services of one person from those of others.

Subsequently, a hearing was fixed in the matter on 19th March, 2019, eventually the Counsel for the applicant appeared on the said date for hearing and made his oral submissions in support the application. I have carefully perused the reply to examination report filed in the matter as well as electronically filed records and