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HIGH COURT OF DELHI
C.A.(COMM.IPD-TM) 8/2021 NEWS NATION NETWORKS PRIVATE LIMITED.. Appellant
Through: Mr. Manish Dhir, Adv.
Through: Mr. Harish Vaidyanathan Shankar, CGSC with Mr. Srish Kumar
Mishra, Mr. Sagar Mehlawat and Mr Alexander Mathai Paikaday, Advs.
17.01.2023
JUDGMENT
1. This appeal assails order dated 22nd June 2020, whereby the learned Senior Examiner of Trade Marks has rejected the Application No. 2833066, of the appellant, seeking registration of the trade mark “ ” for “broadcasting services through various modes and means including and not limited to radio, television, wireless and telecommunication”, on the ground that it lacked distinctive character as it was a combination of common dictionary words and was descriptive of the nature of the services being provided under the mark.
2. Mr. Manish Dhir, learned Counsel for the appellant, has drawn my attention to the fact that identical marks, for similar services provided for other States such as, and stand registered by the same Registrar of Trade Marks.
3. In the circumstances, Mr. Harish Vaidyanathan Shankar, learned Counsel for the respondent, fairly leaves the matter to the court.
4. It is trite that no judicial authority can take contrary views in identical cases. One may refer, in this context, to the following passage of the judgment of Justice K.S. Radhakrishan, as he then was, sitting singly as a Judge of High Court of Kerala in Joy v. Regional Transport Authority[1]:
5. In view of the aforesaid, as identical marks, with respect to similar services being provided in other States, stand registered by the learned Registrar, the impugned order cannot sustain. It is, accordingly, set aside.
6. Application No. 2833066 filed by the appellant for registration 1998 SCC OnLine Ker 344 of the mark stands allowed.
7. The appeal stands allowed accordingly.
C. HARI SHANKAR, J.
JANUARY 17, 2023