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DELHI HIGH COURT
PRATHIBA M.SINGH
Mankind Pharma Limited – Appellant
Versus
Registrar of Trade Marks – Respondent
| Table of Content |
|---|
| 1. trademark rejection based on descriptiveness. (Para 3 , 4 , 5 , 6 , 7) |
| 2. argument for trademark's distinctive character. (Para 8 , 10) |
| 3. court permits application for advertisement. (Para 11 , 12 , 13) |
| 4. conclusion of the appeal proceedings. (Para 14 , 15) |
JUDGMENT
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. The present appeal was filed before the IPAB and has been received by this Court, pursuant to the Tribunals Reforms Act, 2021.
3. The Appellant has filed the present appeal challenging the impugned order dated 2nd August, 2019 passed by the Senior Examiner of Trade Marks by which the review petition filed by the Appellant has been dismissed. The said petition was filed by the Appellant seeking review of order dated 20th December, 2018 vide which the trade mark application of the Appellant bearing no. 2457850 for registering the word mark "DON'T WORRY" in Class- 3 had been rejected. The said application is in respect of the goods and services including:
`Bleaching Preparations and Other Substances for Laundry Use; Cleaning, Polishing, Scouring and Abrasive Preparations; Soaps; Perfumery, Deodorants, Essential Oils, C
The registration of a mark cannot be denied solely on the grounds of descriptiveness if distinctive character is substantiated through existing registrations.
Trademark registrations cannot be denied based on similarity when prior registrations exist, and the use of national symbols must be considered permissible if no objection is provided by relevant aut....
The court ruled that a trademark can be advertised with conditions of limited exclusivity focusing on the composite mark, safeguarding against claim to the individual parts.
Initially rejected trademark application for being non-distinctive was deemed unsustainable due to prior registrations and a no-objection from authorities, clarifying that the outline of a national s....
The court held that existing trade mark registrations must be properly considered in evaluating new applications, impacting grounds for refusal based on laudatory nature and absence of evidence.
The use of the outline of the map of India as a trademark is not violative of Section 9 of the Trade Marks Act, 1999 or the Emblems and Name (Prevention of Improper Use) Act, 1950.
A descriptive trademark can be registered if it is proven to have acquired distinctiveness through secondary meaning, alongside consideration of existing registrations and usage.
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