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DELHI HIGH COURT
PRATHIBA M.SINGH
Subros Educational Society – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. trademark application details and history. (Para 2 , 4 , 5) |
| 2. court's reasoning on the unsustainability of the refusal. (Para 6) |
| 3. order for proceeding with trademark registration. (Para 7 , 8 , 9) |
JUDGMENT
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. The Appellant - M/S. SUBROS EDUCATIONAL SOCIETY, has filed the present appeal challenging the impugned order dated 15th February, 2019 passed by the Senior Examiner, Registrar of Trademarks, New Delhi. By the said order, the mark `Step By Step High School', applied for by the Appellant, vide Trademark Application bearing No.2891488 in Class 41, has been refused registration, under Sections 9 & 11 of the Trade Marks Act, 1999. The operative portion of the order dated 15th February, 2019 is set out below:
"With reference to the above and request on Form TM-M dated 09/02/2019. It has been decided by the Registrar of Trademarks to inform you that hearing in respect of above application was held on 26/12/2018 and the said application is refused on the following Grounds:
* The applicant advocate Ranjan Jha appeared. I have heard the argument and also perused the documents available
The court emphasized that existing trademarks and their reputation must be considered when assessing the registration of similar marks, highlighting the importance of established goodwill.
Registration of a trademark may be refused if similar existing marks are present unless prior registrations are adequately considered.
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 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.
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....
A trademark may acquire distinctiveness through extensive use, enabling registration even if it includes common terms, preventing undue blocking of competition.
Trademark applications can be rejected for descriptiveness and similarity to existing marks, but distinct logos may be registered if they demonstrate unique visual representation.
The main legal point established is that the rejection of a trademark application based on lack of distinctiveness should be supported by sustainable facts and law, and the applicant should be given ....
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