Case brief
What is this about?
Bombay HC Commercial Division, Sharmila U. Deshmukh J., 10 June 2025, Comm. Misc. Petn. 2/2024, Wacom Co. Ltd. v. Registrar of Trade Marks — refusal of "Lifelong Ink" quashed for total non-application of mind: grounds shifted from SS. 9(1)(a) & 11(1)/11(a) (provisional refusal) to SS. 9(1)(a)-(b) (final refusal); cryptic unreasoned order ignoring Petitioner's reply to examination report; Class 35 refusal unexplained; Application No. 4745732 remanded for fresh consideration after hearing, two-month timeline, listing 18 June 2025; direct registration in court declined; Trade Marks Act 1999 SS. 9(1)(a), 9(1)(b), 11(1), 11(a); Trade Marks Rules 2017; Central Camera (1980 SCC OnLine Bom 18) and Bata India (2019 SCC OnLine Del 8147) cited by counsel.
What did the court decide?
Impugned order dated 5th August 2021 quashed and set aside; Application No. 4745732 remanded to the Registrar of Trade Marks for fresh consideration after hearing the Petitioner; Respondent expected to complete the hearing and pass an appropriate, detailed reasoned and speaking order within two months, with the application to be listed for consideration on 18th June 2025.