In this matter, the Appellant’s application for the mark ‘2929’ was rejected. In its order, the Registrar stated that the mark consists of a combination of common numerals, which cannot be monopolized by any individual. The order further stated that the Appellant had failed to establish that this combination which lacked creativity was entitled to protection. However, the Court held that 2929 is a coined and arbitrary mark with no direct reference to the nature of the goods. The combination of numbers ‘2’ and ‘9’ was unique, inherently distinctive, and capable of distinguishing the Appellant’s goods from the others. Thus, the Court directed that the mark proceed to advertisement in the Trade Marks Journal, subject to the condition that the Appellant shall not claim exclusive rights over the individual numerals ‘2’ an ‘9’.

Source: Vineet Kapur v. Registrar of Trade Marks [C.A.(COMM.IPD-TM) 22/2024]