THE RELEVANT OBSERVATION OF HON'BLE COURT WHILE SETTING ASIDE THE ORDER OF REGISTRAR OF TRADE MARK FOR REFUSAL OF TRADEMARK TIVOLI AND REMANDING BACK THE TRADEMARK APPLICATION BY THE REGISTRAR OF TRADEMARK IN VIEW OF SECTION 12 OF THE TRADEMARKS ACT 1999
This appeal has been filed under Section 91 of the Trade Marks Act, 1999, challenging an order passed by the Registrar of Trade Marks on 25th June 2019.
The Appellant's defense includes the existence of the registration of their domain name www.tivolihotels.com, and their long-term use and adoption of the trademark "TIVOLI" since the year 1933.
This evidence is put forth to convince the Court that their case falls under the exception stated in Section 12 of the Act.
The Court believed that considering the prior adoption and use of the Appellant's trademark since 1933, the Registrar should have taken into account Section 12 of the Trademark Act while evaluating the Appellant's trademark application.
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