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IN THE HIGH COURT OF DELHI AT NEW DELHI
Tejas Karia, J
Karan Rathore – Appellant
Versus
Registrar of Trade Marks – Respondent
| Table of Content |
|---|
| 1. basics of trademark dispute and registration (Para 1 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. arguments from both parties (Para 9 , 10) |
| 3. court analysis on similarity and confusion in trademarks (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 4. ruling on the appeal (Para 22 , 23) |
JUDGMENT
TEJAS KARIA, J
1. The present Appeal has been filed by the Appellant under Section 91 of the Trade Marks Act, 1999 (“Act”) assailing the order dated 14.03.2024 (“Impugned Order”) passed by Respondent No. 1, whereby the Appellant’s Opposition bearing No. 1221460 (“Appellant’s Opposition”) to the Trade Mark Application bearing No. 5854000 in Class 12 (“Subject Application”) for the registration of the Mark ‘JBR’ (“Impugned Mark”) in the name of Respondent No. 2, has been dismissed by Respondent No. 1.
FACTUALBACKGROUND:
predecessor-in-interest of theAppellant, assigned the Mark ‘ ’ (“Appellant’s Mark”) in favour of the Appellant by way of the Deed of Assignment dated 03.05.2023 (“Assignment Deed”). The Appellant’s Mark was registered under the Trade Mark Application bearing No. 2010008 in Class 12 (“Appellant’sApplicat
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