The registration of the book- 'And There Were None' - a book written by famous author Agatha Christie was declined. The Delhi High Court, however, allowed the book title mentioned above to be regarded as a trademark for the firm. The High Court Of Delhi rejected the Registrar of Trademark, who challenged the order stating that the title was not clear enough.
The Trademarks Act of 1999 states that as a matter of right to register a trademark that does not suffer from any of the infirmities which the Act contemplates, the High Court of Delhi observed that the impugned order cannot be sustained either on facts or in law. The Court found out that the trademark cannot be placed in any category of grounds on which the registration of a mark used or proposed to be used as a trademark may be refused contained under Sections 9, 11, and 13 of the Trademarks Act of 1999.
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