OSWAAL BOOKS AND LEARNINGS PRIVATE LIMITED vs THE REGISTRAR OF TRADE MARKS

Judgment text excerpt

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 571/2025 & CM APPL. 56791/2025 OSWAAL BOOKS AND LEARNINGS PRIVATE LIMITED .....Appellant Through: Mr. Abhishek Malhotra, Sr. Adv with Mr. Yashwardhan Singh, Mr. Angad Singh Dugal, Mr. Govind Singh and Ms. Anukriti Trivedi, Advs. versus THE REGISTRAR OF TRADE MARKS .....Respondent Through: Mr. Gaurav Barathi SPC with Mr. Chirantan Priyadarshan, Adv. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 10.02.2026 OM PRAKASH SHUKLA, J. 1. The present intra-court appeal is directed against the judgment dated 28.05.2025, whereby the learned Single Judge dismissed C.A.(COMM.IPD-TM) 19/2024 preferred by the appellant under Section 91 of the Trade Marks Act, 19991 and affirmed the refusal order dated 14.12.2023 passed by the Registrar of Trade Marks rejecting Trade Mark Application No. 4711190 for registration of the mark “ONE FOR ALL” in Class 16. Signature Not Verified 1 “the Act” hereinafter Digitally Signed By:AJIT KUMAR LPA 571/2025 Page 1 of 14 Signing Date:15.02.2026 20:58 2. The appellant, Oswaal Books and Learnings Private Limited, is engaged in the business of publication and sale of educational books and allied academic material. It is claimed by the appellant that since 20.08.2020, they adopted the mark “ONE FOR ALL” in relation to its educational publications falling under Class 16. 3. The appellant filed Trade Mark Application No. 4711190 on 20.10.2020, seeking registration of the mark “ONE FOR ALL” in Class 16. The application was examined and an Examination Report dated 04.11.2020 came to be issued, raising objections under Section 92 of the Act, specifically Section 9(1)(a) and calling upon the appellant to establish that the mark was capable of distinguishing its