The Madras High Court allowed an Appeal filed by United Foods Public Company Limited challenging the refusal order passed by the Respondent, Registrar of Trademarks, Chennai refusing the word mark ‘YOYO’.
The Appellant’s application filed for the word mark ‘YOYO’ was refused on the grounds of similarity to at least four cited marks in the Search Report. The Appellant filed a Civil Miscellaneous Appeal under Section 91 of the Trade Marks Act, 1999 to set aside the Respondent’s order. During the hearing, the Appellants submitted that of the four label marks, two were already expired and the remaining two had distinctive features.
The Appellant claimed that they are willing to amend the word mark into a distinctive label mark if permitted. Upon weighing the submissions, the Court allowed the appeal and remanded the matter back to the Respondent with a direction to the Appellant to amend the application suitably as a label mark within a period of eight weeks from the date of receipt of a copy of the judgment.
Citation: United Foods Public Company Limited vs The Registrar of Trade Marks, Madras High Court, 06th February, 2024 (T) CMA(TM) No.135 of 2023
Drafted by Ms. Benita Alphonsa Basil, Trademark and Copyright Team, BananaIP Counsels
Reviewed and verified by Ms. Ilana Baruah, Consulting & Strategy Team, BananaIP Counsels.
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