Supreme Court of India
Royal Orchid Hotels Ltd. v. Kamat Hotels (india) Ltd. & Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
In view of the above, understood to be uninhibited in deciding the rival claims so far as registration in Class 42 is concerned, such an understanding and the decision on basis thereof cannot B be faulted.
Judgment, page 5
From the headnote
Intellectual property: Trademark - Registration of trade mark of petitioner refused by Deputy Registrar on the ground that the petitioner was not the first user of the logo/mark 'Royal Orchid' as claimed and in fact, the mark/logo 'Orchid' was being used by respondents no.I from an anterior date and also the two logos/ marks were similar - IPAB set aside the order of Deputy Registrar and allowed the registration of petitioner's trademark in class 42 holding that use of mark by petitioner was prior in point of time and considering the class of customers serviced by the parties, no confusion
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