Delhi High Court - Orders
The Institute Of Chartered Accountants ... vs The Registrar Of Trade Marks on 22 September, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.A.(COMM.IPD-TM) 62/2021
THE INSTITUTE OF CHARTERED ACCOUNTANTS OF
INDIA ..... Appellant
Through: Mr. Atul Bandhu and Mr. M. Kumara
Guru, Advocates.
versus
THE REGISTRAR OF TRADE MARKS ..... Respondent
Through: Mr. Harish Vaidyanathan Shankar,
CGSC, with Mr. Srish Kumar Mishra,
Mr. Sagar Mehlawat, Mr. Alexander
Mathai Paikaday, Mr. M Sriram and
Mr. Krishnan V., Advs. (M: 98107
88606)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 22.09.2023
1. This hearing has been done through hybrid mode.
2. The present appeal under Section 91 of the Trade Marks Act, 1999 has been filed by the Appellant- Institute of Chartered Accountants of India against the impugned order dated 4th December 2018 passed by the Respondent - ld. Deputy Registrar. Vide the impugned order, the Deputy Registrar has refused the application no. 3690823 dated 30th November 2017 for registration of 'Digital Accounting and Assurance Competence Framework' under Section 9 of the Trade Marks Act, 1999.
3. The impugned order passed by the Respondent reads as follows:
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 22:43:17 "A Hearing in respect of the above matter came up before me on 04/12/2018 and the following is to be communicated to the applicant/agent:
* Mr. Priyanshu Gupta Asst. Secretary, Legal applicant/Advocate/Agent appeared before me and made his submissions. I have heard arguments, gone through the record and passed the following Order.
* The trade mark applied for is objectionable under Section 9(1) (a) & (b) of the Act. The application is accordingly refused. Attention is invited under Rule 36(1) of the Trade Marks Rules,2017 where the application is refused a request may be made in form no TM-M along with the prescribed fee to communicate in writing the grounds of decision and materials used by the Registrar arriving at his decision to refuse the said application. The said request on form TM-M should be tendered within 30 days of receipt of the order of refusal."
4. Accordingly, let the application under Form TM-M be applied for and the grounds of rejection of the said application be issued by the Registrar of Trademarks within a month. Upon receiving the said grounds, the Petitioner is free to raise its challenge again in accordance with law.
5. This appeal along with all pending applications is disposed of.
PRATHIBA M. SINGH, J SEPTEMBER 22, 2023 dj/dn This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 22:43:17