Gujarat High Court
Estuaries Industries Private Limited vs Registrar Of Trade Marks on 26 September, 2025
NEUTRAL CITATION
C/CIA/9/2024 ORDER DATED: 26/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPEAL NO. 9 of 2024
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ESTUARIES INDUSTRIES PRIVATE LIMITED
Versus
REGISTRAR OF TRADE MARKS
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Appearance:
MR DHAIRYA A SHAH(12544) for the Petitioner(s) No. 1
MS VYOMA K JHAVERI(6386) for the Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 26/09/2025
ORAL ORDER
1. This petition under section 91 of the Trade Mark Act is filed seeking to quash and set aside the order dated 04.09.1993 passed by respondent No.7- Magistrate, Ahmedabad whereby, the application No.5453270 under Class-32 of the appellant has been rejected.
2. Heard learned advocate Mr.Dhairya Shah for the appellant and learned advocate Ms.Vyoma Jhaveri for the respondent.
3. Learned Advocate submitted that the appellant herein is a private limited company registered under the provisions of the Companies Act, 2013. The appellant is involved in the aerated/mixing waters industry with the product offerings of high-quality aerated/mixing waters catering to spirits/alcohol to make them smoother and more tasteful.
4. The appellant therefore filed an application for mark "BLEND IT" in class 32 in connection with the goods of Page 1 of 4 Uploaded by DIPTI PATEL(HC00191) on Wed Oct 01 2025 Downloaded on : Wed Oct 01 21:50:29 IST 2025 NEUTRAL CITATION C/CIA/9/2024 ORDER DATED: 26/09/2025 undefined 'aerated mineral water and water with its basic characteristics and altered contents to update and modify its quality. Beers, mineral and aerated waters and other non-alcoholic drinks, fruit drinks and fruit juices, syrup and other preparations for making beverages" on 18.05.2022.
5. Learned advocate further submitted that the appellant is registered proprietor of the trademark consisting of its tagline "BLEND IT RIGHT WITH ESTUARY" in different variations in respect of goods falling in class 32 comprising of Aerated Mineral Water and Water with its basic characteristics and altered contents to update and modify its quality. Beers, mineral and aerated waters and other non-alcoholic drinks, fruit drinks and fruit juices, syrups and other preparations for making beverages.
6. It is not in dispute that prior to making application No.5453270, the appellant is registered proprietor of trade mark "BLEND IT RIGHT". Learned advocate for the appellant has relied upon the table as referred in the appeal memo with regard to the details of its two applications:
Trade Mark Application No. Date User Claim BLEND IT 5144848 23.09.2021 05.10.2020 RIGHT BLEND IT 5144802 23.09.2021 05.10.2020 WITH ESTUARY
7. Pursuant to an application preferred by the appellant for its mark "BLEND IT", the same was examined by the Page 2 of 4 Uploaded by DIPTI PATEL(HC00191) on Wed Oct 01 2025 Downloaded on : Wed Oct 01 21:50:29 IST 2025 NEUTRAL CITATION C/CIA/9/2024 ORDER DATED: 26/09/2025 undefined respondent and examination report dated 20.09.2022 was issued, citing objections under section 9(1)(b) and Section 11(1) of the Trade Marks Act, 1999. The appellant filed its detailed written response to the examination report dated 23.09.2022. Thereafter, hearing took place on 18.04.2023 and the respondent refused the subject mark application by order dated 04.09.2023 disallowing the same for proceeding ahead towards trademark registration.
8. Learned advocate submitted that rejection of appellant's application vide order dated 04.09.2023 is erroneous since the respondent has erred in not appreciating that over and above the mark, which has been applied, the appellant is using trade mark "BLEND IT" as tagline. The appellant has a registered mark "BLEND IT RIGHT", which has been registered with the Indian Trade Marks Registry under Class 32 bearing Application No.5144848. The said mark has been in continuous use since October,2020. Therefore, order dated 04.09.2023 since has not considered the above aspect, the said order deserves to be quashed and set aside. Learned advocate further submitted that apart from the contention raised by the appellant that the appellant's mark and cited mark as referred in the order dated 04.09.2023 is entirely different on account of its font, graphic and placement in the device/ logo. Since the registered mark of the appellant has not been considered, this order deserves to be quashed and set aside.
Referring to contents of the order dated 04.09.2023, learned advocate submitted that the said order refers to registration of objections under section 9(1)(b) of the Trade Marks Act, 1999 and Section 11(1) of the Trade Marks Act, 1999 being erroneous, this appeal may be considered by Page 3 of 4 Uploaded by DIPTI PATEL(HC00191) on Wed Oct 01 2025 Downloaded on : Wed Oct 01 21:50:29 IST 2025 NEUTRAL CITATION C/CIA/9/2024 ORDER DATED: 26/09/2025 undefined remanding the matter directing Trade Mark Registrar to consider the application afresh taking into consideration the objections raised in earlier application of the appellant.
9. Considering the above submissions, it is noticed that the appellant is having earlier registered mark "BLEND IT RIGHT"
with the Indian Trade Marks Registry under Class 32, bearing Application No.5144848. This objection was not considered by the respondent in the order dated 04.09.2023. The said aspect could not be disputed by learned advocate Ms.Vyoma Jhaveri for the respondent.
10. In view of the above, following order is passed:
1.The order dated 04.09.2023 rejecting the application of the appellant bearing Application No.5453270 under Class-32 is hereby quashed and set aside.
2. Respondent is directed to consider the application No.5453270 afresh, considering the objection of appellant's registered mark "BLEND IT RIGHT" registered with Indian Trade Marks Registry under Class 32.
3. It is open for the Registrar, Trade Marks to pass appropriate order in accordance with law, within a period of six months from the date of receipt of this order.
11. With this, the present application is disposed of.
(MAUNA M. BHATT,J) DIPTI PATEL...
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