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2023 Supreme(Online)(MAD) 3073

HIGH COURT OF MADRAS
Hon`ble Mr Justice SENTHILKUMAR RAMAMOORTHY
Contitech USA Inc – Appellant
Versus
The Registrar of Trade Marks – Respondent


JUDGMENT

The appellant assails the statement of grounds of decision dated 21.01.2020 issued pursuant to the refusal order dated 11.03.2019 by which Application No.2763546 for registration of the word mark "TORQFLEX" was refused.

2. The above mentioned application was filed by the appellant on 27.06.2014 by asserting continuous use since 23.06.2014 in respect of power transmission belts for machines, motors and engines used in industrial applications. By examination report dated 04.11.2015, the respondent raised objections under Section 11 of the Trade Marks

Act, 1999 (the Trade Marks Act) by citing four allegedly conflicting marks. The appellant responded to the examination report and stated that the appellant's mark has been adopted and used since 23.06.2014 and that the said mark is neither identical nor deceptively similar to the cited marks. Eventually, after a hearing on 11.03.2019, the refusal order was issued on 11.03.2019. Subsequently, the statement of grounds of decision was issued on 21.01.2020. The present appeal arises in the above facts and circumstances.

3. Learned counsel for the appellant invited my attention to the application and pointed out that the appellant's mar

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