Mr. Jagarlamudi Durga Prasad vs The Registrar Of Trademark on 15 September, 2023
3. After inviting my attention to the device mark for
which the application was submitted, learned counsel pointed out
that the marks cited in the examination report were word marks
that were registered in classes 30 and 31, which pertain to goods.
By contrast, learned counsel contended that the appellant
functions as a market place for farmers and artisans to market
their products. Consequently, she contended that the allegedly
conflicting marks are in relation to goods and that the same cannot
be construed as similar to the services provided by the appellant.
Learned counsel also contended that the mark is a device mark
https://www.mhc.tn.gov.in/judis
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which contains pictures of a tractor, a cow, a farmer and that the
words 'GRAMA BAZAAR' are written beneath the device
containing the above. By relying upon the judgment of the Delhi
High Court in Navaid Khan v. Registrar of Trade Marks Office, 2023
SCC Online Del 3273, she contends that such device mark would
not fall within the scope of Section 9(1) of the Trade Marks Act.
Learned counsel also contended that no objection was raised
under Section 9(1) in the examination report and that such
objection was raised for the first time in the impugned order.