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PRATHIBA M. SINGH
Kamdhenu Ltd. – Appellant
Versus
Registrar of Trade Marks – Respondent
JUDGMENT
Prathiba M. Singh, J.
[This judgment has been pronounced through hybrid mode]
1. The present appeal has been filed by the Appellant-M/s Kamdhenu Ltd. under Section 91(1) of the Trade Marks Act, 1999 (hereinafter, `the 1999 Act') challenging the impugned order dated 23rd April 2019 passed by the Respondent No. 1-Registrar of Trade Marks, New Delhi (hereinafter, `the Registrar') under Rule 124 of the Trade Mark Rules, 2017 (`hereinafter, 2017 Rules').
Background
2. By the impugned order, the Application bearing no. `TM-M 764900' dated 17th August 2017 (hereinafter, `the Application') filed by the Appellant, seeking inclusion of the trademark `KAMDHENU' in the List of Well-Known Trademarks, was rejected by the Registrar.
3. The primary reason given by the Registrar for rejecting the grant of the Application is that the Appellant failed to provide evidence of the well- known status of the mark by way of an affidavit. The operative portion of the impugned order is set out below:
"1. Applicant has not submitted any evidence on affidavit so it is noted that determination of the well- known status cannot be done under provision of sec. 11 (6) or (7) of the TM Act, 1999.
2. Ld. Couns
The court established that a composite trade mark must be assessed as a whole for registration, not in parts, and that refusal based on descriptiveness must consider the entirety of the mark.
Procedural rules must not defeat substantive rights; an affidavit initially filed without attestation due to pandemic circumstances is considered timely, preventing application abandonment.
The central legal point established in the judgment is the requirement for distinctiveness of a mark for registration under Section 9(1)(a) of the Trade Marks Act, and the need for the Registrar to p....
The evidence for trademark opposition filings must be submitted timely per the trademark regulations, although minor procedural errors do not invalidate the filings.
The central legal point established in the judgment is the strict adherence to the statutory provisions of the Trademarks Act in determining the eligibility for trademark registration, including the ....
A trade mark recognized as well-known under the Trade Marks Act is protected against concurrent use by others regardless of the class of goods, particularly when evidence of rightful prior use and bo....
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