JUDGMENT (Oral)

C. Hari Shankar, J.

1. This appeal under Section 91 of the Trade Marks Act assails order dated 13th September 2022, passed by the Senior Examiner of Trade Marks in the office of the Trade Marks Registry, New Delhi, rejecting Application No. 4280126 submitted by the appellant for registration of the [IMG] mark, in Class 14, for 'Alarm clocks; bracelets; busts of precious metal; charms; clocks; earrings; jewellery; jewellery cases of precious metal; jewellery boxes not of precious metal; jewellery chains; decorative key fobs; key chains; key rings; lapel pins; neck chains; necklaces; necktie fasteners; nonmonetary coins; ornamental lapel pins; pendants; rings; stop watches; tie clips; tie fasteners; tie tacks; wall clocks; watch bands; watch cases; watch chains; watch straps; watches; wedding bands; wrist watches on proposed to be used basis'.

2. Consequent to submission of the aforesaid application by the appellant, the office of the trademark Registry issued First Examination Report (FER) dated 25th September 2019, objecting to the registration of the proposed mark under Section 11(1) of the Trade Marks Act, 1999, on the ground that it was deceptively similar to tw