JUDGMENT

% 23.10.2024 MINI PUSHKARNA, J:

1. The present appeal has been filed under Section 91 of the Trade Marks Act, 1999 (“the Act”) challenging the order dated 25th January, 2019 passed by the respondent, wherein, the application of the appellant for registration of trademark „Planet E School‟, vide application no. 2878088, under Class 41, for providing educational services, was dismissed.

2.1 Learned counsel appearing for the appellant submits that the trademark of the appellant is entirely different from the cited marks, and the same is neither identical nor deceptively similar to other cited marks. The mark of the appellant is different visually, phonetically and structurally, from the other cited marks.

2.2 It is submitted that the appellant is an honest and bona fide user of the mark. The trademark applied for registration by the appellant, stands distinctive from other marks, as it has to be considered as a whole. Section 17 of the Act entitles registration of a trademark comprising of several features, even if the matter forming part of such several features, stand registered in the name of an earlier proprietor.

2.3 The appellant is agreeable to restrict its registration o