Judgement date:03.11.2022
IPD Trademark Appeal :C.A.(COMM.IPD-TM) 134 of 2021
Name of Court: High Court of Delhi
Name of Hon'ble Justice: Prathiba M Singh H.J.
Case Title: Jindal Industries Vs Registrar of Trade Marks
The subject matter Appeal was filed by the Appellant under Section 91 of the Trade Marks Act, 1999 challenging the order dated 17th September, 2019 passed by the Trade Marks Registry where by the trademark application of the Appellant JINDAL within the outline of India has been rejected.
The Registrar of Trademarks has rejected the by the trademark application of the Appellant JINDAL
within the outline of India on the ground that the subject matter trademark application was non
distinctive and that the same was also prohibited under the provisions of the Emblems and Names
(Prevention of Improper Use) Act, 1950.
However, the Hon'ble High Court of Delhi was pleased to set aside the subject matter order on
the ground that in the previous orders as cited by the Appellant, the Hon'ble High Court of Delhi
has already observed that trademark JINDAL within the outline of India was not prohibited under
the provisions of the Emblems and Names (Prevention of Improper Use) Act, 1950.
Ajay Amitabh Suman, [IP ADJUTOR]
IPR Advocate, Hon'ble High Court of Delhi.
ajayamitabh7@gmail.com, 9990389539
D/1027/2002
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Note: Information is shared in the public interest. It should not be taken as a substitute for legal advice as it may contain errors of understanding and presentation, including clerical errors.
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