Introduction
The case involves an appeal filed by Vineet Kapur under Section 91 of the Trade Marks Act, 1999, and Rule 156 of the Trade Marks Rules, 2017, challenging the rejection of his trademark application for the mark ‘2929’ in Class 3 (cosmetics, soaps, shampoos, etc.) by the Registrar of Trademarks.
Appellant’s Arguments
The appellant contended that ‘2929’ was a unique, arbitrary, and inherently distinctive mark, not known or used in the market for the relevant goods. He emphasized that numerical marks are recognized under Section 2(1)(m) of the Trade Marks Act and that similar numerical marks had previously been registered and protected by courts.
Respondent’s Arguments
The Registrar opposed the application on the grounds that the mark was merely a combination of common numbers without any inherent creativity or distinctive character. It was argued that such marks are generally not capable of distinguishing goods and thus should not be registered.
Court’s Observations
The Court reiterated that numerals and their combinations are included within the definition of ‘mark’ under the Trade Marks Act and can be registered if they possess distinctive character. It referred to multiple precedents where numerical marks like '501', '345', '22', '1001', '555', '7 O’Clock', and '91' were granted protection.
The Court found that the mark ‘2929’ was coined and arbitrary, bearing no connection to the nature of the goods. It held that a numeral combination inherently distinctive and unrelated to the goods’ description is eligible for trademark registration even without secondary meaning.
Decision
The Court set aside the Registrar's order dated 29 February 2024, directed that the appellant's application proceed to advertisement in the Trademark Journal, and clarified that the appellant would not claim exclusive rights over the numerals ‘2’ and ‘9’. It also directed the Registrar to notify the Office of the Controller General of Patents, Designs and Trade Marks for compliance.
Case Title: Vineet Kapur Vs Registrar of Trade Marks
Date of Order: 25 April 2025
Case No.: C.A.(COMM.IPD-TM) 22/2024
Neutral Citation:2025:DHC:2906
Name of Court: High Court of Delhi
Name of Judge: Hon’ble Ms. Justice Mini Pushkarna
