Madras High Court Orders Journal Advertisement After Refusal of Class 34 Label
Court category: High Court
Court / details: Madras High Court, Principal Seat
Location: Chennai, Tamil Nadu
The Madras High Court set aside the refusal of a Class 34 label after comparing how the Registry had treated the same cited marks in an earlier application.
The Madras High Court set aside the refusal of a Class 34 label after comparing how the Registry had treated the same cited marks in an earlier application.
Case reference — V. Ramakrishnan v. Registrar of Trade Marks, C.M.A.(TM) No. 11 of 2026, 5 November 2026, Justice P.B. Balaji
Why the Registry refused the label
The applicant sought to register a label containing the words Tamilnadu Tobacco TT Madras and a crowing rooster device. The Registry cited two earlier registrations and refused the application under Section 11(1) of the Trade Marks Act on likelihood-of-confusion grounds.
Why the earlier application mattered
The same applicant had faced the same cited marks when applying for the TT SEVAL label. The Registry had accepted the earlier response and proceeded to advertisement. The Court considered that history and said the new composite label should be assessed as a whole.
What the Court ordered
The Court set aside the refusal and directed advertisement within four weeks of receipt of the judgment. The Registry must then deal with the application according to law. Publication allows interested parties to oppose the application and leaves registrability to be decided through the applicable process.
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