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IN THE HIGH COURT OF DELHI AT NEW DELHI
C.HARI SHANKAR, OM PRAKASH SHUKLA
Oswaal Books And Learnings Private Limited – Appellant
Versus
Registrar Of Trade Marks – Respondent
| Table of Content |
|---|
| 1. factual background of trademark application. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. appellant's arguments for distinctiveness. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 3. respondent's arguments against distinctiveness. (Para 16 , 17 , 18 , 19) |
| 4. court's review and analysis of trademark distinctiveness. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 29) |
| 5. court's conclusion on the mark's suggestiveness. (Para 30 , 31 , 32 , 33) |
| 6. final decision on trademark registration. (Para 34 , 35 , 36) |
| 7. conclusion and order of the court. (Para 37 , 38 , 39) |
JUDGMENT :
OM PRAKASH SHUKLA, J.
1. The present intra-court appeal is directed against the judgment dated 28.05.2025, whereby the learned Single Judge dismissed C.A.(COMM.IPD-TM) 19/2024 preferred by the appellant under Section 91 of the Trade Marks Act, 1999, “the Act” hereinafter and affirmed the refusal order dated 14.12.2023 passed by the Registrar of Trade Marks rejecting Trade Mark Application No. 4711190 for registration of the mark “ONE FOR ALL” in Class 16.
2. The appellant, Oswaal Books and Learnings Private Limited, is engaged in the business of publication and sale of educational books and allied academic material. It is
Common phrases lack distinctiveness under trade mark law, but may be registered if they can show acquired distinctiveness through usage.
Trademarks that are descriptive, like 'Pe' in 'PhonePe', cannot claim exclusivity; parties may not dissect marks but can analyze dominant features for likelihood of 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 main legal point established in the judgment is that a mark cannot be dissected into its individual parts while examining its entitlement to registration, and the distinction between lack of dist....
Generic and descriptive terms in trademarks cannot be exclusively claimed, and likelihood of confusion must be assessed holistically from the average consumer's perspective.
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....
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