JUDGMENT (Oral)

C.A.(COMM.IPD-TM) 10/2023, I.A. 5131/2023 (Order XLI Rule 5 of the CPC) and I.A. 5177/2023 (for placing additional documents on record)

1. This appeal assails order dated 9th December 2022, passed by the Assistant Registrar in the Registry of Trademarks, whereby Application No. 3184380, filed by the appellant, seeking registration of the device mark [IMG] has been rejected. The impugned order reads thus:

"With reference to the above and request on Form TM-M dated 17/05/2021. It has been decided by the Registrar of Trade Marks to inform you that hearing in respect of above application was held on 15/04/2021 and the said application is refused on the following Grounds:

*9(1)(a)-The attorney failed to establish the Identity of the mark in applied class. Neither the mark appears to be coined or invented.

*9(1)(a)-The applicant failed to establish the distinctiveness by filing of evidence of use by way of affidavit. ABU DHABI is geographical name (the capital of the United Arab Emirates) and mark as a whole is non-distinctive which cannot be monopolized. Objections raised in examination report sustain accordingly."

2. Assailing the aforesaid order, Mr. Arjun Khurana, learn