The Bombay High Court Steps In!

Recently, the Bombay High Court has pronounced a series of decisions in matters in which parties appealed decisions of the Trade Marks Registry (hereinafter "Registry") refusing to register marks. It is interesting to note that, in a majority of these orders, the Registry's decisions were set aside and then remanded back to Registry for fresh consideration.

A review of the Court's orders has revealed that, in a majority of cases, the Court has emphasized that the quality of examination at the Registry must improve. For instance, in Methodical Mind LLC V. The Registrar of Trade Marks & Anr., the Court stated that the Registrar had been refusing registration of marks without proper application of mind. In Helix OpCo, LLC V. Registrar of Trade Marks, it held that the Registrar must take into account all the documents uploaded and facts presented by the applicant, including foreign registrations. In Arjo IP Holdings AB V. The Registrar of Trade Marks, the Court held