The Delhi High Court, on 3 November, set aside the Registrar of Trade Marks' order refusing registration of Amala Earth Private Limited's “one living” label mark in Class 5, and remanded the application for fresh consideration.
Justice Vikas Mahajan allowed an appeal filed by Amala Earth under Section 91 of the Trade Marks Act, 1999, holding that the Registrar had failed to consider the grounds raised in the applicant's reply to the Examination Report. The Bench held:
“The law is well settled that where an authority makes an order in exercise of a quasi-judicial function, it must record its reasons in support of the order it makes.”
The Registrar had refused registration by an order dated 1 January 2025, on the ground that the mark was identical or similar to earlier marks on record, creating a likelihood of confusion.
Appearing for Amala Earth, Advocate Rishabh Srivastava argued that the order was non-speaking and failed to address the submissions in the applicant's reply.
The reply had pointed out that the mark was registered in several other classes and that the cited marks “ONE” and “ONE SPORTS NUTRITION” were distinguishable. It had also explained that “ONE” was not a generic word but an acronym for “Organic, Natural and Earth Friendly Living”, with dots separating the letters.
Relying on Psychotropic India Limited v. Registrar of Trade Marks, the appellant argued that the Registrar, as a quasi-judicial authority, was required to pass a speaking order.
Agreeing with the appellant, the Court noted that the reply had also claimed continuous use of the label mark since 10 August 2023 and the goodwill generated through such use. A conjoint reading of the reply and the impugned order showed that the Registrar had not addressed any of these submissions.
The Bench also relied on Psychotropic India, and added that the minimum required of an adjudicating officer was to peruse the reply and extend “the bare courtesy of application of mind.”
Accordingly, the High Court remanded the matter to the Registrar to decide the application in accordance with law within six weeks. It clarified that it had made no observations on the merits.
For Amala Earth: Advocates Rishabh Srivastava and Yasheswini Sharma
For Registrar: CGSC Nidhi Raman with Advocates Nikita Singh and Rishay Raj