ASHIM KUMAR GHOSH vs THE REGISTRAR OF TRADE MARKS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 24/11/2025 + C.A.(COMM.IPD-TM) 48/2025, IA Nos.19973/2025, 19974/2025 & 19975/2025 ASHIM KUMAR GHOSH .....Appellant Versus THE REGISTRAR OF TRADE MARKS .....Respondent Advocates who appeared in this case For the Appellant : Mr. Sudarshan Kumar Bansal & Mr. Shivendra Pratap Singh, Advocates. For the Respondent : Mr. Piyush Beriwal, Mr. Vedansh Anand, Ms. Ruchita Srivastava & Ms. Jyotsana Vyas, Advocates. CORAM: HON'BLE MR. JUSTICE TEJAS KARIA JUDGMENT TEJAS KARIA, J 1. The present Appeal has been filed by the Appellant under Section 91 of the Trade Marks Act, 1999 (“Act”) against the order dated 20.05.2025 (“Impugned Order”) passed by the Respondent in Trade Mark Application No. 5799569 in Class 16 for the Trade Mark ‘SoEasy’ (“Appellant’s Mark”) filed by the Appellant. Signature Not Verified C.A.(COMM.IPD-TM) 48/2025 Page 1 of 16 Signed By:SWATI MAYEE SAHU Signing Date:24.11.2025 20:58:15 FACTUAL BACKGROUND: 2. The Appellant had filed the Trade Mark Application bearing No. 5799569 in Class 16 for the goods - instructional and teaching material (except apparatus), printed matter and book binding material. The said Application was filed before the Respondent on 02.02.2023 on a ‘proposed- to-be-used’ basis. 3. This Application was duly examined by the Registrar, who issued an Examination Report dated 15.06.2023. Contesting the same, the Appellant filed its Reply dated 01.07.2023 to the Examination Report. Thereafter, vide order dated 10.04.2024, the Appellant’s Application was accepted under Section 20(1) of the Act subject to the condition that the Appellant’s Mark shall be used as a whole. 4. Thereafter, the Registrar published the Appellant’s Mark in the official Trade Mark Journal No. 2153 dated 22.04.2