DATE OF JUDGEMENT: 13.07.2022
CASE: CA Comm IPD TM 110 of 2022
NAME OF HON'BLE COURT: High Court of Delhi
NAME OF HON'BLE JUDGE: The Honourable Justices Prathiba M Singh
CASE TITLE: Knit Pro International Vs Examiner of Trademark
The Subject matter Appeal was filed by the Petitioner where by Shape Trademark application of the Petitioner in relation to Knitting Needle was refused.
The Hon'ble High Court of Delhi observed that a shape of product to qualify as a Trademark , it must be unique.
The Shape which are common in use and lacking distinctiveness, can not be appropriated by any body.
The Hon'ble High Court of Delhi also discussed one recent Judgement where Stitching Pattern was held to be protectable under the Trademark Act.
Normally a shape which is aesthetic in nature, can be protected under the Design Act 2000.
However for a shape to serve the function of trade mark, it must be used in course of trade , in order to associate with particular entity.
As in the present case, the Petitioner failed to point out any unique feature or acquired distinctiveness, the subject matter Shape Trademark was not regarded as capable enough to serve the function of Trademark.
Ajay Amitabh Suman, IPR Advocate
Hon'ble High Court of Delhi
ajayamitabh7@gmail.com
9990389539
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