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Trade Marks Act – Registration of subject device Mark of several matters & words – Application of Khadi Commission

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By the order dated 17.8.2023, the Registrar of Trade Marks refused the registration of device marks “Prakartik Paint” in Marathi in Class 2, under Section 9(1)(b) of the Trade Marks Act, 1999.

The petitioner Khadi Commission is a statutory body.  “KHADI” is well known trade mark of the petitioner.

On 17.12.2020, the petitioner announced launch of anti-fungal, anti-bacterial paints with main component of cow dung, under the trade mark of “VEDIC PAINT”. 

On 11.2.2021, the petitioner was granted registration for the word mark “KHADI PRAKRITIK PAINT” in Class 2, in respect of paints, varnishes, distempers, emulsion paints, etc.   The user was claimed since 12.1.2021.

On 12.1.2021, the said product was re-branded as “Prakartik Paint” (in Marathi) and launched by the concerned Minister.

On 4.3.2021, the petitioner filed application for the subject mark “PRAKRITIK PAINT” in Marathi.

On 17.3.2021, the petitioner filed the affidavit of use.

By the order dated 17.8.2023, the Registrar refused the registration under Section 9(1)(b) of the Act that the marks consist of several matters and individual words and the petitioner cannot claim exclusivity.

HELD that in the present case, it is a device mark consisting of various components and such a device mark has to be considered as a whole.  Therefore, the words in Section 17 of the Act pertaining to the registration of a trade mark consisting of several matters assume great significance.  The inquiry into the question as to whether individual parts of such a device mark or trade mark consisting of several matters can be registrable itself is misplaced.

The objection that the words at the bottom of the subject mark indicate the kind and origin of the goods is not correct since they do not indicate any geographical origin and, in any case, composite marks stand excluded from the scope of Section 9(1)(b) of the Act.

Order dated 29.1.2025 of the High Court of Bombay (OS) in  Commercial Misc. Petition [L] No.31636 of 2023 of Khadi and Village Industries Commission  Vs.  The Registrar of Trade Marks

 

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