Senior Examiner of Trade Marks, Delhi rejected registration of a device mark in Class 39 on ground, subject trademark is laudatory and objectionable in terms of Section 9(1)(b) of The Trade Marks Act, 1999.
Counsel appearing on behalf of NRI Taxi Service Ltd. correctly places reliance on Mohd. Rafiq v. Modi Sugar Mills Ltd., AIR 1972 Delhi 46.
We are unable to accede, ‘SUN’ used in respect of lanterns is a laudatory term having reference to character and quality of those lanterns. It is no doubt true, rays of SUN dispel darkness and lanterns too are used for dispelling darkness. It does not follow, use of ‘SUN’ for lanterns has reference to character and quality of those lanterns. A word which is sought to be construed as laudatory, should have obvious signification of praise and not one out of which an inference of praise has to be spelt out by a labored process.
In present case, subject trademark is neither descriptive nor generic in respect of services it is being used for. NRI Taxi Service Ltd. will not claim any rights over individual components: ‘NRI’ and ‘Taxi’.
Registrar of Trade Marks is directed to proceed for registration.
– Hon’ble Justice Amit Bansal of Hon’ble High Court of Delhi, NRI Taxi Service Ltd. v. Registrar of Trade Marks, Delhi, [CA(COMM.IPD-TM) 114/2022] decided on 25.01.2023.
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