ASHIM KUMAR GHOSH Vs. REGISTRAR OF TRADE MARKS

JUDGEMENT

(1.) The present Appeal has been filed by the Appellant under Sec. 91 of the Trade Marks Act, 1999 ("Act") against the order dtd. 20/5/2025 ("Impugned Order") passed by the Respondent in Trade Mark Application No. 5799569 in Class 16 for the Trade Mark 'SoEasy' ("Appellant's Mark") filed by the Appellant.

(2.) The Appellant had filed the Trade Mark Application bearing No. 5799569 in Class 16 for the goods - instructional and teaching material (except apparatus), printed matter and book binding material. The said Application was filed before the Respondent on 2/2/2023 on a 'proposed-to-be-used' basis.

(3.) This Application was duly examined by the Registrar, who issued an Examination Report dtd. 15/6/2023. Contesting the same, the Appellant filed its Reply dtd. 1/7/2023 to the Examination Report. Thereafter, vide order dtd. 10/4/2024, the Appellant's Application was accepted under Sec. 20(1) of the Act subject to the condition that the Appellant's Mark shall be used as a whole.