Vakil Help Desk News: the Madras High Court has set aside the refusal of 'THE SKIN COMPANY' trademark, holding that a composite mark cannot be dissected to refuse it on one common word, and that the refusal order was unreasoned.
Vakil Help Desk News, IPR. A trademark made of several words must be judged as a whole — it cannot be refused by picking out one common word. The Madras High Court applied this in Tregum Remedies Pvt. Ltd. v. The Senior Examiner of Trade Marks, before Justice P. B. Balaji.
The dispute
The applicant sought to register "THE SKIN COMPANY" in Class 3 (cosmetics). The Registry refused it as not distinctive and as similar to earlier marks containing "SKINN". The applicant argued that its mark is composite and that the word "SKIN" cannot be read in isolation.
What the Court held
- The refusal order was non-speaking and generic, did not deal with the applicant's reply, and showed non-application of mind.
- Under Section 9(1), a composite mark cannot be dissected to refuse registration based on a single word.
- The appeal was allowed and the refusal set aside; the Registrar was directed to advertise the mark and then decide the application in accordance with law.
Why it matters
Many brands use ordinary words in combination. This ruling confirms that the whole mark is what matters, and that a refusal must give proper reasons that engage with the applicant's response.
What this means for you
If your trademark is a combination of words (including a common one), it is judged as a whole — a refusal that objects only to one word can be challenged. Always file a proper reply to the examination report, because an unreasoned refusal that ignores your reply can be set aside on appeal. Keep your distinctiveness and use evidence ready. We handle trademark objections, hearings and appeals.