Kunj Behari Sarraf v. Registrar of Trade Marks
Trademarks – Refusal of registration for want of distinctiveness
Case brief
What is this about?
Kunj Behari Sarraf v Registrar of Trade Marks; C.A.(COMM.IPD-TM) 37/2024; High Court of Delhi; Mini Pushkarna; 11.03.2025; Section 91 Trademarks Act 1999; Rule 156 Trade Marks Rules 2017; trademark application no. 5443541 Class 43; device mark DHABA application no. 3653885 Class 43; devoid of distinctive character; rejection set aside; application revived to original number; advertisement for grant of registration; Trade Marks Registry; compliance copy to Controller General of Patents, Designs and Trade Marks.
What did the court decide?
Appeal allowed: impugned order of the Trade Marks Registry dated 26.04.2024 set aside; trademark application no. 5443541 revived to its original number; Registry directed to deal with the application in accordance with law and advertise it for grant of registration; Registry directed to supply a copy of the order to the Office of the Controller General of Patents, Designs and Trade Marks of India ([email protected]) for compliance.