Judgement date:03.11.2022
IPD Trademark Appeal :C.A.(COMM.IPD-TM) 65 of 2022
Name of Court: High Court of Delhi
Name of Hon'ble Justice: Prathiba M Singh H.J.
Case Title:Visage Beauty and Healthcare Vs Registrar of Trademarks
The subject matter Appeal was filed by the Appellant under Section 91 of the Trade Marks Act, 1999
challenging the order dated 27.10.2020 passed by the Trade Marks Registry where by the trademark
application of the Appellant GLOW GETTER in relation to cosmetics, beauty care products, skin
care products, hair care products has been rejected under Section 9(1)(b) of the Trade marks Act,
1999 , on the ground that said mark consists of words that may be used in trade to designate
the kind, quality of goods etc.
However, the Hon'ble High Court of Delhi was pleased to set aside the subject matter order on
the ground that the word ‘GLOW’ be a word which may be used by various third parties in respect of
cosmetics. However, the combination GLOW-GLITTER as a composite mark cannot be rejected
in Sections 9 and 11 of the same does not directly describe the kind, quality etc of products
concerned.
Ajay Amitabh Suman, [IP ADJUTOR]
IPR Advocate, Hon'ble High Court of Delhi.
ajayamitabh7@gmail.com, 9990389539
D/1027/2002
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