O R D E R

% 17.11.2023 C.A.(COMM.IPD-TM) 20/2023

1. The order dated 12 May 2023, passed by the Senior Examiner of Trademarks and impugned in the present appeal under Section 91 of the Trade Marks Act, 1999, rejects Application No. 4136359, filed by the appellant seeking registration of the device mark in Class 16 for “Painting Brushes, Artistic Brushes, Roller Brushes”.

2. The paragraphs from the impugned order which set out the grounds for rejecting the appellant’s application, read as under:

“Following objections were raised:

Signature Not Verified Digitally Signed Section 9 (1) (a):- The mark applied for registration is objectionable under Section 9(1)(a) of the Trade Marks Act 1999, as it is devoid of any distinctive character, that is to say, not capable of distinguishing the goods or services of one person from those of another person.

Section 9(1) (b) - The mark applied for registration is objectionable under S 9(1)(b) of the Trade Marks Act 1999, as it consists of which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods o