MODICARE LIMITED Vs. REGISTRAR OF TRADEMARKS

JUDGEMENT

(1.) This hearing has been done through hybrid mode.

(2.) The present appeal under sec. 91(1) of the Trade Marks Act, 1999 (hereinafter "Act") has been filed by the Appellant challenging the impugned order dtd. 26/2/2021 passed by the Registrar of Trademarks rejecting the Appellant's application for the registration of trademark 'SALON PROFESSIONAL' in Class 3. Objection has been raised by the Registry under Sec. 9(1)(b) of the Act on the ground that the mark consists of words which may serve in trade to designate the kind, quality, intended purpose and other characteristics of the goods. The application has further been objected to under sec. 11(1)(b) of the Act on the ground of similarity of mark and goods covered, in relation to an earlier trademark.

(3.) The Appellant is one of India's leading direct selling companies offering 350 plus products under 14 different products categories. The Appellant claims to be pioneer of direct selling business in India since 1996. It is stated to have pan India presence with over 55 Modicare Centres and more than 12,000 distribution points catering to 2700 cities.