In a significant ruling, the Delhi High Court has set aside an order by the Registrar of Trade Marks that refused registration of the trademark “PRO.FITNESS” for food products under Class 30. The court held that the mark must be viewed as a whole and not dissected into generic parts.
The appellant, Mensa Brand Technologies Private Limited, had applied for the registration of "PRO.FITNESS" in November 2024. The Registrar rejected the application, stating that the mark lacked distinctiveness under Section 9(1)(a) of the Trade Marks Act, 1999. The authority treated "PRO" and “FITNESS” as separate descriptive terms, ignoring the stylized presentation with a dot between them.
Justice Tejas Karia, delivering the judgment, emphasized the "anti-dissection rule"-a well-established legal principle that requires trademarks to be evaluated in their entirety. The court noted, “The dot between ‘PRO’ and ‘FITNESS’ is not merely punctuation. It creates a visual and phonetic break, lending distinctiveness to the composite mark."
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The judge also pointed out the inconsistency in the Registrar’s actions, as the same office had accepted and registered over 15 other applications from the appellant for similar marks like "PROFITNESS" and “PRO FITNESS” in the same class. The court observed that the refusal order lacked reasoning and failed to consider submissions made by the appellant during the examination process.
The ruling reinforces that composite marks-even if made of common words-can be registered if they exhibit structural novelty or visual distinctiveness. The court directed the Registrar to advertise the mark within two months and proceed with registration.
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This decision is a reminder of the importance of consistent and reasoned decision-making by trademark authorities and offers relief to brands seeking to protect coined and stylized marks in India.
Case Title: Mensa Brand Technologies Private Limited vs. Registrar of Trade Marks
Case No.: C.A.(COMM.IPD-TM) 17/2025 & I.A. 8861/2025
