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ANISH DAYAL
Premier Spg And Wvg Mills Pvt. Ltd – Appellant
Versus
Football Association Premier League Ltd. – Respondent
JUDGMENT
Anish Dayal, J. - This appeal has been filed under Section 91 of the Trade Marks Act, 1999 ("the said Act") read with Rule 156 of the Trade Mark Rules, 2017 ("the said Rules") assailing order dated 02nd February, 2023 passed by the Registrar of Trademarks, Delhi ("respondent No. 2"), rejecting the opposition of Premier SPG and WVG Mills Pvt. Ltd ("the appellant") to registration of the PREMIER respondent's mark 
in class 25 (clothing; footwear; headgear).
2. The respondent had filed application No. 1489060 for registration of the said mark claiming "proposed to be used". The said mark was advertised for acceptance in the trademark journal on 18th May, 2015. The application was opposed by the appellant through opposition No. 837232 on 07th September, 2015 on the ground that the mark was phonetically, visually, structurally and deceptively similar to the appellant's mark 'PREMIER' which was conceived, coined and adopted in 1949, and registered in various classes from 1980 onwards.
3. The appellant claims that they are part of the Premier Group having an international reputation for quality goods in the clothing industry built over the last 70 years. They are manufacturers, expor
The commercial impression of a composite trademark is created by the mark as a whole, not by its component parts. The word 'PREMIER' was commonly used in conjunction with sporting leagues and had acq....
The court held that registration of trademarks does not grant exclusive rights over a common or partially generic term, emphasizing the need for distinctiveness to prevent confusion.
Distinctiveness in trademark law must be assessed concerning the goods or services; common terms can acquire distinctiveness based on usage, thus allowing for a prima facie case of infringement.
The concept of 'family of marks' and the application of the anti-dissection rule under Section 17 of the Trade Marks Act were central to the judgment.
Where a trade mark contains generic or common-to-trade terms, the proprietor cannot claim exclusive rights over those specific words. Comparison of marks for infringement must be done as a whole; if ....
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