KNITPRO INTERNATIONAL Vs. EXAMINER OF TRADE MARKS

JUDGEMENT

(1.) The present appeal challenges the impugned order dtd. 26/9/2019 passed by the Senior Examiner of Trade Marks by which the trademark application of the Appellant bearing no. 2735618 for the registration of shape of a knitting needle in Class 26 in respect of 'knitting needles and crochet hooks' was rejected. The image of the knitting needle sought to be registered is extracted below:

(2.) The application of the Appellant was found to be objectionable under Ss. 9(1)(a) and 9(1)(b) of the Trade Marks Act, 1999 (hereinafter 'Act') and the mark was found to be devoid of any distinctive character by the Senior Examiner.

(3.) Ld. counsel for the Appellant submits that the shape of the knitting needle sought to be registered by the Appellant is very distinctive and has acquired secondary meaning. Mr. Harish V Shankar accepts notice.