Elegance Services Pvt Ltd v/s Registrar of Trade Marks Before High Court of Delhi C.A. (COMM.IPD-TM) 16 / 2024

The appeal challenges the order of Senior Examiner of Trade Marks which refused the Appellant’s Trademark Application No. 4847334 for the trademark- KGF (logo) in class 9. The Appellant challenged the said decision under Section 91 of the Trade Marks Act, 1999 before the Hon’ble High Court of Delhi.

The Appellant submitted before the Appellate Court that an opportunity was given to the Appellant by the Learned Senior Examiner of Trademark for the deletion of goods that were similar with the cited application, which, could not be filed in time due to continuous downtime of the Registry’s website. However, the Senior Examiner failed to consider the same and passed the impugned order.

The Appellant also highlighted the errors in the impugned order which recorded that the cited mark was being used for a long time but in fact, the cited mark was filed on ‘proposed to be basis’. Furthermore, the Appellant asserted its status as the registered proprietor of the said mark in class 11, claiming it was overlooked in the impugned order. Seeking a review on its merits and in compliance with the law, the appellant urged a de novo examination by the Examiner. 

The Hon’ble Justice Anish Dayal presiding, over the court addressed the appellant’s appeal against the rejection of the Appellant’s trademark application in class 9. The court set aside the impugned order and directed a de novo examination by the Examiner. Emphasizing the importance of considering the Appellant’s submissions in the review process, the court refrained from making any assessment of the Appellant’s arguments. This order reflects a fair and procedural approach to trademark registration proceedings, ensuring the principles of fairness and procedural justice are upheld while addressing the Appellant’s grievances.