JUDGMENT

C.A.(COMM.IPD-TM) 158/2022, I.A. 20094/2022, I.A. 20095/2022 and I.A. 20096/2022

C.A.(COMM.IPD-TM) 159/2022, I.A. 20153/2022, I.A. 20154/2022 and I.A. 20155/2022

1. These appeals involve cognate issues. Submissions advanced at the bar by both sides are also overlapping. As such, they have been taken up and disposed of together.

2. The appellant is a Federal Agency of the Swiss Federation, and procures armaments for Switzerland`s Federal Department of Defence, Civil Protection and Sport. The appellant, therefore, represents, essentially, the military wing of the Swiss Government.

3. Respondent 2, in these appeals, Promoshirt SM S.A. ("Promoshirt", hereinafter) applied to the Registrar of Trademarks, New Delhi for registration of the trademarks (i) "SWISS MILITARY" in Class 25 in respect of clothing, readymade garments, footwear, headgear, coats, overcoats, jackets, jerseys, undergarments, socks and (ii) the mark in Class 25 in respect of "textile industries". Both applications were on "proposed to be used" basis. The appellant opposed the applications. The opposition of the appellant was rejected, and the trademarks were permitted registration by the learned Deputy R