JUDGMENT (Oral)

1. Application no. 3487036 was filed by the appellant before the Trade Marks Registry for registration of the Mark [IMG] (hereinafter referred to as "the subject mark") in Class 11, for electric lamps, lighting apparatus and installations, luminaries chandeliers, lamp shades, lamps, led and fluorescent lights, flash lights, lanterns for lighting, lighting fittings and fixtures, decorative lighting, light diffusers, ceiling light, wall lights, outdoor lights, water proof lights, desk lamps, floor lamps, hanging lamps, lighting tubes, light bulbs, security lights, garden lights, mood lighting, display lighting etc. The appellant claimed user of the subject mark since 2014.

2. The Registrar, vide First Examination Report (FER) dated 7th March 2017, objected to the registration of the subject mark. In the FER, "M/s JAINSONS LITES" was cited as an earlier trade mark, for which Application No. 2242763, submitted by Mr. Rakesh Jain, seeking registration of the mark in Class 11 in respect of "electrical fancy lights, electrical goods, items and instruments", was already in existence with user claim of 2005. The FER objected to the registration of the subject mark on the g