JUDGMENT (Oral)

1. This appeal, under Section 91 of the Trade Marks Act, 1999, assails order dated 26th October 2020 passed by the Senior Examiner in the office of the Registrar of Trade Marks, whereby Application No. 2847019, filed by the appellant for registration of the word mark `COOLPOLY', in (i) Class 1 in respect of plastic and carbon moulding materials for use in the manufacture of moulded plastic articles and (ii) Class 9 in respect of moulded heat sinks for use in computers and parts and components thereof and moulded electrical conductors, was rejected.

2. Application No. 2847019 was filed by the appellant on 19th November 2014. Consequent to a preliminary scrutiny, First Examination Report (FER) dated 13th January 2016 was issued by the Registrar, objecting to the registration of the aforesaid mark COOLPOLY under Sections 9(1)(a)¹[9. Absolute grounds for refusal of registration.--
(1) The trade marks--
(a) 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;
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shall not be registered.
Provided that a trade mark shall not be refused registration if before the date o