RESINTECH INC Vs. SENIOR EXAMINER OF TRADE MARKS

JUDGEMENT

(1.) By this Commercial Miscellaneous Petition, the Petitioner is seeking setting aside of the impugned order dtd. 30/10/2021 passed by the Respondent in the Trademark Application No. IRD1-4110637.

(2.) Mr. Kamod, learned Counsel appearing for the Petitioner has referred to the impugned order. He has submitted that the Senior Examiner of Trade Marks in the impugned order has merely referred to the provisions of Ss. 9(1)(a) and 9(1)(b) of the Trade Marks Act, 1999 in arriving at a finding that the applied mark is highly descriptive as it refers to functional aspect and is directly referring to quality of goods as specified in the application of goods. The conclusion arrived is that the applied marked is not registrable.

(3.) Mr. Kamod has submitted that the Reply to the examination Report dtd. 5/6/2019 has not been considered by the Senior Examiner of Trade Marks in passing the impugned order. There were various submissions made including the fact that the Applicant is the Registered Proprietor of the trade mark/device mark "RESINTECH" in major countries and the said trade mark 2037210 has been registered in USA. Further, submission made is that the applied mark had been adopted by the Applicant by co-joining of word "RESIN" and "TECH" and the combination of the words together "RESINTECH" by itself is distinctive of the goods of the Applicant. The Respondent has itself granted protection over the earlier identified trade mark application RESINTECH Ld. of the Petitioner without raising any objection under Sec. 9 of the Trade Marks Act, 1999 to proceed for registration. He has submitted that there is no independent application of mind on the part of the Senior Examiner of Trade Marks to these submissions which were placed on record.