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

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: 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 February, 2021, raised objections under Sections 9(1)(a) and 9(1)(b) of the Act. iii. The appellant replied to the aforesaid examin