Executive Summary
The Delhi High Court allowed the appeal filed by M/S Ayush Aqua System against the rejection of its trademark 'ZENKO' in Class 11. The court found that despite a cited mark ('ZENCO') existing for related goods, the goods applied for were sufficiently distinct. Consequently, the application was directed to be advertised before acceptance, provided the appellant restricts itself to the applied-for goods and does not manufacture products covered by the cited mark.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in patent matters before Delhi High Court - Orders. Understanding the court's reasoning in M/S Ayush Aqua System vs Union Of India is valuable context for structuring arguments or assessing risk in similar proceedings.
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