In the case of Mohamed Yusuf vs. The Registrar of Trade Marks, the appellant sought registration for a clothing brand using the device mark ‘MISS MANGO’. The Registrar rejected the application citing similarity to the word mark ‘MANGO’. The High Court found the refusal unsustainable, ruling that the marks were not confusingly similar and the generic nature of the word ‘MANGO’ raised questions about its own registrability.
Read more about Trademark Fit Check: MISS MANGO Wears It Right, MANGO Can’t Block ItTag: Section 11(1)
Refusal without Effective Hearing? Not Valid: Delhi High Court on technical glitches in trademark hearings
In the case of Impresario Entertainment & Hospitality Pvt. Ltd. v. Registrar of Trademarks, the Delhi High Court set aside a refusal of a Class 16 application. In simple terms, the Court said that an order passed without an effective hearing, and without dealing with the documents on file, cannot stand.
Read more about Refusal without Effective Hearing? Not Valid: Delhi High Court on technical glitches in trademark hearings