M/S. MOCEMSA CARE vs THE REGISTRAR OF TRADE MARKS

Judgment text excerpt

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 26th March, 2025 C.A.(COMM.IPD-TM) 20/2024 M/S. MOCEMSA CARE .....Appellant Through: Mr. Ankit Sahni and Mr. Chirag Ahluwalia, Advocates. versus THE REGISTRAR OF TRADE MARKS .....Respondent Through: Ms. Nidhi Raman, CGSC with Mr.Debasish Mishra, Advocate CORAM: HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral) 1. The present appeal has been filed under Section 91 of the Trade Marks Act, 1999 against the impugned order dated 1st January, 2024 passed by the respondent, refusing the Trademark Application No.4852344 in Class 3 in respect of the mark on the ground that it is devoid of any distinctive character in terms of Section 9(1)(a) of the Trade Marks Act, 1999 (hereinafter referred to as “the Act”). BRIEF FACTS 2. Brief facts necessary for deciding the present appeal are as follows: Signature Not Verified Digitally Signed C.A.(COMM.IPD-TM) 20/2024 Page 1 of 6 By:KOMAL DHAWAN Signing Date:01.04.2025 18:31:47 i. The appellant claims to be honest and bonafide adopter of the device mark , which is a unique and innovative amalgamation and juxtaposition of the words of a trademark in an eye catching arrangement. The appellant claims to have been using the said mark in respect of beauty, skin care and home fragrance products. ii. On 6th February, 2021, the appellant filed a Trademark Application bearing No.4852344 for the registration of the said mark in Class 3 in respect of goods viz. “Lip scrub, eye gel, face wash, shampoo, room freshener, linen freshener” claiming user since 20th November, 2020. Along with the application, the applicant also filed a user affidavit dated 18th December, 2020 along with a supporting invoice dated 20th November, 2020. The respondent vide examination report dated 19th Febru