JUDGMENT

Amit Bansal, J. (Oral)

1. The present appeal has been filed impugning the order dated 29th May, 2018 passed by the Senior Examiner of Trade Marks in respect of Application No. 2420117 for the word mark "MIRACLES" in class 44.

2. Brief facts necessary for adjudication of the present appeal are as under:

2.1. The appellant is a company engaged in the business of offering medical, hospital and allied services under the word mark "MIRACLES" since 2012.

2.2. On 31st October, 2012, the appellant applied for registration of the word mark "MIRACLES" under class 44 vide Application No. 2420117.

2.3. Vide Examination Report dated 2nd September, 2013, the Trade Marks Registry objected to the registration of the word mark "MIRACLES" under class 44, citing prior subsisting registrations of trademarks which were similar to the mark of the appellant.

2.4. In response to the Examination Report, the appellant stated that the word mark of the appellant should be registered since it is distinctive in nature. Further, it was stated that since the mark had been continuously used by the appellant since 2012, the customers of the appellant were easily able to differentiate between products of t