MIKKO VAULT LLC. Vs. REGISTRAR OF TRADE MARKS

JUDGEMENT

(1.) Present appeal has been filed by the Appellant under Sec. 91 of the Trade Marks Act, 1999 (hereinafter referred to as the 'Act') seeking setting aside of the impugned order dtd. 31/7/2018 passed by the learned Senior Examiner of Trade Marks in application No. 2628985, refusing to accept and advertise the trademark 'SENSE FLO' for goods in Class 10, as well as for a direction to accept and advertise the same.

(2.) Appellant had filed an application for registration of the trademark 'SENSE FLO' on 18/11/2013 and on 11/2/2015, the Examination Report was issued with the following objections:-

(3.) On receiving the Examination Report, Appellant responded to the objections on 21/4/2015, stating that the mark 'SENSE FLO' was unique and had become distinctive on account of Appellant's reputation, global presence and user of the mark and also sought to differentiate 'SENSE FLO' from other allegedly conflicting trademarks.