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Court rules that Trademark Office cannot demand proof of market use or fame for marks filed on "proposed to be used" basis. Rejection orders must explain reasoning clearly.

The Hon'ble High Court of Delhi in Kapil Goyal vs. The Registrar of Trade Marks [C.A.(COMM.IPD-TM) 15/2025] dated January 9, 2026 held that the Registrar of Trade Marks erred in refusing registration of the trademark "DOUBLE-CHOICE" for rice, flour and preparations made from cereals in Class 30. The Court held that for trademark applications filed on a proposed-to-be-used basis under Section 18(1) of the Trade Marks Act, 1999, evidence of acquired distinctiveness or seconda

Trademark & Copyright

2 days ago