GREY SWIFT PRIVATE LIMITED THROUGH MR. SHIVAM SINGLA vs THE REGISTRAR OF TRADE MARKS

Judgment text excerpt

* I N T H E H I G H CO U RT O F DE L H I AT NE W DE L H I Reserved on: April 07, 2025 % Pronounced on: April 16, 2025 + C.A.(COMM.IPD-TM) 18/2024 GREY SWIFT PRIVATE LIMITED THROUGH MR. SHIVAM SINGLA .....Petitioner Through: Mr. Siddharth Nath, Mr. Asjad Hussain and Mr. Anunay Chowdhary, Advs versus THE REGISTRAR OF TRADE MARKS .....Respondent Through: Ms. Rukhmini Bobde, CGSC with Mr. Jatin Dhamija, Mr. Amlaan Kumar and Mr. Vinayak Aren, Advs CORAM: HON’BLE MR. JUSTICE SAURABH BANERJEE JUDGMENT Preface: 1. By way of the present appeal under Section 91 of the Trade Marks Act, 1999 1 read with Rule 156 of the Trade Marks Rules, 2017 2, the appellant seeks to assail the impugned order dated 02.01.2024 passed by learned Senior 1 Hereinafter referred as “the Act” 2 Hereinafter referred as “the Rules” Signature Not Verified C.A.(COMM.IPD-TM) 18/2024 Page 1 of 11 Digitally Signed By:BABLOO SHAH Signing Date:16.04.2025 16:50:34 Examiner of Trade Marks, Trade Mark Registry, New Delhi 3, whereby its application no.4872027 for registration of the mark “BharatStamp” in Class 9 of the Act has been rejected. Brief Factual Matrix: 2. The appellant, on 20.02.2021, applied for registration of the mark “BharatStamp” (word) in Class 9 of the Act on a ‘proposed to be used’ basis. The respondent, on 20.03.2021, issued an Examination Report raising an objection under Section 9(1)(a) of the Act stating that “the mark is a non- distinctive and as such it is not capable of distinguishing the goods of one person from the others”. 3. Thereafter, the respondent passed the impugned order dated 02.01.2024, relevant portions thereof are as reproduced as under:- “…The mark applied for registration is objectionable under S 9(1)(a) of the Trade Marks Act 1999, as it is devoid of any distinctive characte