JUDGMENT

The appellant assails an order dated 10.02.2022 by which Application No.4416029 for registration of the following device mark was refused. The appellant applied for registration of the device mark extracted above on 21.01.2020 under classes 11 and 30. The application under class 30 was in relation to beverages such as coffee, tea, cocoa and the like and the application under class 11 was in respect of electrical appliances, including coffee machines. By examination report dated 13.02.2020, the Registrar of Trade Marks raised objections under Section 11 of the Trade Marks Act, 1999 (the Trade Marks Act) by citing two marks. The examination report was responded to on 13.03.2020. In such reply, the appellant, inter alia, referred to the 43 trade mark registrations previously obtained by it both in respect of word and device marks. The appellant emphasized that all the registrations contained the word CONTINENTAL. As regards the cited marks, the appellant stated that the first cited mark is also a device mark. The said mark contains the galloping horse symbol and is distinguishable from the appellant's mark. The appellant further stated that the cited mark is used in relation