MENSA BRAND TECHNOLOGIES PRIVATE LIMITED vs REGISTRAR OF TRADE MARKS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 22.08.2025 + C.A.(COMM.IPD-TM) 17/2025 & I.A. 8861/2025 MENSA BRAND TECHNOLOGIES PRIVATE LIMITED .....Appellant versus REGISTRAR OF TRADE MARKS .....Respondent Advocates who appeared in this case For the Appellant : Mr. Aditya Gupta, Mr. Siddharth Varshney & Ms. Aakriti Bansal, Advocates. For the Respondent : Ms. Nidhi Raman, CGSC with Mr. Arnav Mittal & Mr. Om Ram, Advocates CORAM: HON'BLE MR. JUSTICE TEJAS KARIA JUDGMENT TEJAS KARIA, J 1. The present Appeal has been filed under Section 91 of the Trade Marks Act, 1999, (“Act”) being aggrieved by the order dated 17.01.2025 passed by the Registrar of Trade Marks (“Impugned Order”). The Signature Not Verified C.A.(COMM.IPD-TM) 17/2025 Page 1 of 10 Signed By:NEELAM SHARMA Signing Date:22.08.2025 16:22:00 Respondent, vide the Impugned Order, refused Application No. 6701235 filed by the Mensa Brand Technologies Private Limited, i.e., the Appellant for registration of the Trade Mark “PRO.FITNESS” in Class 30 (“Subject Trade Mark”) on the ground that the Subject Trade Mark lacked distinctiveness as required under Section 9(1)(a) of the Act. 2. The Appellant is a Company engaged in selling rice-based snack food, rice cakes, crackers, rice crackers, rice crisps, rice thins, cookies, peanut butter cookies, filled cookies, peanut butter cups, chocolate ganache, chocolate fudge, frosting, frosting mixes, cake frosting, rolled oats, oats, foodstuff made of oats, processed oats for human consumption. FACTUAL BACKGROUND 3. On 08.11.2024, the Appellant’s predecessor-in-interest filed the Trade Mark Application No. 6701235 for the Subject Trade Mark “ ” in Class 30 on a ‘proposed to be used’ basis. The Appellant’s predecessor-in-interest filed a request for an expedited