JUDGMENT

This appeal is directed against the order of the Trade Marks Registry dated 31.03.2023 made in Application No.4962571, by which the Registrar has refused to register appellant's trademark 'REJUSTAR' in Class 5 on the ground that this mark is phonetically similar to a couple of other marks.

2. Heard both sides and perused the materials available on record in the form of typed set of papers.

3. The learned counsel for the appellant submitted that the appellant is engaged in manufacture and sale of pharmaceutical products and food supplement and had applied for registering its word mark under Class 5. The Trade Marks Registry had carried out necessary search and cited two other marks, namely, 'ROZUSTOR' and 'REGISTER' bearing striking resemblance to appellant's proposed mark. Both the marks cited by the Trade Marks Registry have been registered in Class 5.

4. The learned counsel further submitted that so far as 'ROZUSTOR' is concerned, it is being adopted for manufacture and sale of Schedule 'H' drug and it is pre-dominantly in use only in Sri Lanka and not in India. So far as the second mark 'REGISTER' is concerned, it is associated only with insecticides, fungicides, herbicides