Ads Spirits Pvt. Ltd. v.The Registrar of Trade Marks
Delhi High Court · C.A.(COMM.IPD-TM) 8/2026
Ads Spirits Pvt. Ltd., part of the ADS Group of liquor companies, appealed under Section 91 of the Trade Marks Act, 1999 against the Registrar's refusal to register the mark 'OFFER' in Class 33 for alcoholic beverages. The Registrar had refused registration under Section 9(1)(a) on the ground that the mark was a common/personal/geographical name and non-distinctive. The Delhi High Court held that the Registrar applied the wrong test, since Section 9(1)(a) bars marks devoid of distinctive character but does not require uniqueness, novelty, or inventiveness as a precondition for registration. The court found the impugned order to be non-speaking and perverse, showing complete non-application of mind, and quashed it while directing reconsideration.