ELITE Class 11 Trademark: Madras High Court Sets Aside Refusal
Court category: High Court
Court / details: Madras High Court, Principal Seat
Location: Chennai, Tamil Nadu
The Madras High Court directed advertisement of the ELITE device application after examining the evidence of use and the Registrar’s treatment of Section 12.
The Madras High Court directed advertisement of the ELITE device application after examining the evidence of use and the Registrar’s treatment of Section 12.
Case reference — Ramesh Bishnoi v. Registrar of Trade Marks, C.M.A.(TM) No. 13 of 2026, 30 October 2026, Justice P.B. Balaji
The dispute over ELITE
The applicant sought registration of the ELITE device mark in Class 11. A competing registration was cited. The applicant relied on records of use dating back to 2009, and the Registry again refused the application after an earlier remand.
What the Registry had to address
The Court found support in the record for the applicant’s earlier use and held that the refusal had failed to address the possibility of registration under Section 12. It also rejected reliance on Sections 48 and 49 in this case because the applicant claimed an independent right rather than registration as a licensee.
What happens after advertisement
The Court directed publication in the Trade Marks Journal. The competing proprietor can still oppose registration. The ruling shows why evidence of when and how a mark was used matters when an applicant invokes honest concurrent use.
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