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

* 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” 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”.