Berkadia Proprietary Holding LLC Vs. The Registrar of Trade Marks

Berkadia Proprietary Holding LLC appealed against the Registrar of Trade Marks' order dated 17.12.2024, which rejected Trade Mark Application No. 2381187 for "INVESTOR QUERY" in Class 36, citing a lack of distinctive character. The application, filed on 06.08.2012 on a "proposed-to-be-used" basis, faced an objection in 2013, with the appellant arguing in 2014 that the mark had acquired distinctiveness through use. The High Court, noting a request to amend the mark to "BERKADIA INVESTOR QUERY," set aside the impugned order due to the material change and remanded the matter to the Registrar for reconsideration after accepting the amendment, with a fresh order to be issued within three months.

Case Details: The case titled Berkadia Proprietary Holding LLC vs. The Registrar of Trade Marks, order dated 26.08.2025, case number CMA(TM)/11/2025, with no neutral citation, was heard by the Honourable Mr. Justice Senthilkumar Ramamoorthy at the High Court of Judicature at Madras.

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Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi