Registration Of Device Mark Shall Not Be Refused Simply Because Similar Marks Are On Record About Identical And similar Goods/Services: Madras HC

While allowing the application of advertisement submitted by the Petitioner for its device mark ‘Kitchen Made’, the Madras High Court set aside the order passed by the Registrar of Trade Mark.

A Single Judge Bench of Justice Senthilkumar Ramamoorthy observed that “As is typical of orders of the Registrar of Trade Marks, the impugned order contains no reasons. The grounds of decision also do not contain reason and merely records the conclusion that similar marks are on record with regard to identical and similar goods/services”.

Advocate B. Karthik appeared for the Petitioner whereas Advocate A. R. Sakthivel appeared for the Respondent.

The brief facts of the case were that the appellant filed the application for registration of the mark. The application was in class 30 in respect of goods, namely, spices, cereal chips, chocolate, condiments chutneys, and the like. The Registrar of Trademarks raised an objection and refused the registration under Sections 9 and 11 of the Trade Marks Act, 1999. The Petitioner claimed that the device mark is distinctive and capable of distinguishing the goods of the appellant from those of others. Hence, the Petitioner approached the Bench to seek relief.

After considering the submission, the Bench noted that for purposes of deciding whether a mark is devoid of distinctive character, the mark is required to be examined as a whole.

The Bench stated that the three elements of subjected mark, in combination appear to satisfy the requirements of Section 9 of the Trade Marks Act.

The Bench also stated that the objections under Section 11, except the first cited mark in the search report annexed to the examination report, none of the other marks have found a place on the Register of Trade Marks.

The Bench also highlighted that except the first cited mark in the search report annexed to the examination report, none of the other marks have found place on the Register of Trade Marks.

“The first cited mark is a device mark which consists of at least two elements. The said mark carries the words 'KITCHEN CENTRE'. On comparison, the said mark is distinguishable from the appellant's mark”, added the Bench.

The Bench expressed that the grounds of the decision do not contain reason and merely record the conclusion that similar marks are on record with regard to identical and similar goods/services.

Accordingly, the High Court set aside the order passed by the Registrar of Trade Mark and accepted the Petitioner’s application for advertisement.

Cause Title: M/s. VRV Foods v. Assistant Registrar of Trade Marks

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