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...regular intervals. On both sides of the ring are spikelets. The word "golden deer" is written on the top. Neither the artistic design nor the words nor the colour combination has anything common with the...(1) THIS suit has been filed by the plaintiff claiming to be the owner of trademark Double Dear in respect of its goods. It is stated that the plaintiff has been using the said trademark...in distinctive getup, artistic manner, lettering style for its products including rice. The trademark was acquired by the plaintiff from its predecessor M/s Tribeni Floor Mills, Anaj Mandi Rohtak...
...spikelets. The word ‘Golden deer’ is written on the top. Neither the artistic design nor the words nor the colour combination has anything common with the design of the plaintiff's trademark. The figure of...; (iii) there are other users of the trademark “Deer” including for that of rice and therefore the word mark “Deer” is common to the trade.10. The aspect of deceptive similarity we have...application of the plaintiff for injunction and by which application the plaintiff had prayed for an injunction restraining the defendant from using the trademark “Golden Deer” which was said to be...
...claimed that it was a trademark adopted by it for selling its pharmaceutical preparations. It was argued that even the common words may be adopted as a trademark. The defendants themselves have applied for...continuous and exclusive use of the trademark ‘REFIRM’ and extensive publicity and advertisement has acquired under Common Law right of exclusive and undisturbed use of the said trademark in relation to...under trademark ‘REFORM’ in the month of September, 2002. Anyhow, the defendants pleaded that word ‘REFORM’, is a common word and is commonly known and used in India and the world over. It is generic...
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The applied trademark "BHARAT with the device of brush" is devoid of any distinctive character. The applied trademark is a combination of very common words and cannot be monopo...non-distinctive trademark. After considering the reply to examination report, material available on record it was observed that the subject mark is not...trademark "BHARAT with the device of brush"
for the applied specification "Painting Brushes, Artistic brushes, roller brushes" is highly descriptive in nature and may...
...goodwill of another trader (in the sense that this is a reasonably foreseeable consequence). This is more so, where generic terms, or common words are used for trademark. Therefore, trademark law and the...bars field. The trademark therefore shows no genericness in relation to petroleum products. At the same time, it is also undoubtedly a common dictionary word.14. The facts of this case..., stated the relevant principles, where rival marks are common or dictionary words or common to the trade, in the following manner:“We are reminded of the decision of the Court of Appeal in...
...: AIR 2001 SC 2083, has been cited for the proposition that where it is clear that there is common field of activity between the two parties in respect of goods and ...conceived of the catchy phrase/title KANK, which has been on the lips of any number of persons on any given day, throughout India. Where words or phrases in common parlance are sought to be used with...exclusivity, the Court should take care to determine which of the parties has ended its journey or traversed appreciably longer way in the use of such words as a trademark or as a title. Normally...
...or traversed appreciably longer way in the use of such words as a trademark or as a title. Normally, proprietary or exclusive use of a common word should not be given jural imprimatur....”There is undoubtedly some body of authority supporting protection for word marks, or combination of common words. Globe Super Parts…Plaintiff; v. Blue Supe...the following terms:“Where words or phrases in common parlance are sought to be used with exclusivity, the Court should take care to determine which of the parties has ended its journey...
...the trademark through Moolchand and the suit was barred since Section 69(2) referred to a right “arising from a contract”. The plaintiffs' right was based on the contract dated 16-11-1974. The words...) bars a suit by a firm not registered on the date of suit where permanent injunction and damages are claimed in respect of a trademark as a statutory right or by invoking common law principles...as those of the plaintiffs by using the plaintiffs' trademark and for damages is an action at common law and is not barred by Section 69(2). The decision in...
.... In our view, the trademark ‘Officer's Choice’ is an arbitrary mark for whisky and even though the two words may be common, they are arbitrary to the goods in question [See 537 F.2d 4...’ consists of two general words in which trademark rights cannot be claimed and that while obtaining registration of its trademark ‘Officer's Choice’ the respondent has disclaimed the word ‘Choice’. As...‘Apple’ the name of a common fruit, which is also a dictionary word, for computers. The Respondent's huge sales and success under the trademark ‘Officer's Choice’ as pleaded show that the Respondent has...
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6 The "KITCHEN DICER" as used, in my view, also if read together is to understand and/or to verify the respective products in question. These are household and common words. There is no question of exclusive or ...the effect of descriptive and laudatory and/or common usage words and the Trade Marks Act and Rules made thereunder cancelled the registration of trademark...suit against the Defendants referring to the registered trademark "NICER DICER". The Defendants alleged words are "KITCHEN DICER". There is no specific reply by Defendant No.2, which is sister...
...producer, which is calculated to injure the business or goodwill of another trader. This is more where generic terms or common words are used for trademark. In trademark law, it must be remembered that it...the goods in respect of which his mark is registered is deceptively similar and there is likelihood of confusion or deception arising from similarity of trademark or logo or words used by the plaintiff...trademarks numbering about 50, which were registered with the Registrar of Trade Marks on the applications made by their predecessors firm. As the trademark “TRINETRA” is registered in favour of the...
...2019.
13. The respondent claims that it has coined the impugned trademark by joining separate words ‘DIL’ and ‘AFZA’. These are words from the vocabulary of the Urdu...’ and not the two words - ‘ROOH’ and ‘AFZA’ - that constitute the trademark.
23. The learned Single Judge also rejected the contention that the two competing marks are...similar. The court observed that the appellants are claiming similarity on the ground that the words ‘DIL’ and ‘ROOH’ entail deep emotion and the word ‘AFZA’ was common to both. The learned Single Judge...
...„BURGER KING" is generic and common to the trade and hence, cannot be registered as a trademark, as the defendants
3....
II. The plaintiff has no exclusive right in the word „BURGER" as the same is generic and common to trade and the word „KING" is laudatory. Two generic/laudatory words...sale of the goods bearing the trademark in question in the market. Taking note of the words „any' and „whatsoever' qualifying the words "other relation" in Section 2(2)(b) of the old Act...
...’ as a common dictionary word. The trademark ‘VISTARA’ adopted by appellant is an invented word having no meaning, especially as it is distinct, unconnected, arbitrary and neither synonymous nor related...services and products are available/being used under numerous common existing words found in the dictionary and further that they have been duly registered from time to time itself shows that a common...the common parlance. This Court finds no reference qua the above in the impugned order.25. Although the appellant has the trademark registration for the trademark ‘VISTARA...
...interim direction for restraining the defendant from using such generic word, it would not be possible to accept the plaintiff's claim that based upon the such words common purportedly a part of its trademark, it...a common, generic, dictionary word over which no one could claim monopoly in law and it was thus evident that the applicant-Company was seeking to traffic in trademark to the prejudice of the non...manufacturers on the basis of being the registered proprietors of the trademark “Black Label” was countenanced. Again for the purpose of emphasising that the words which are descriptive such as “LOW ABSORB...
...granted
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by the Trade Marks Registry using common words though arranged in a stylized manner which have been granted registration. The printout of e-...innovative amalgamation and juxtaposition of the words of a trademark in an eye catching arrangement. The appellant claims to have been using the said mark in respect of beauty, skin care and home...name/... It is noticed that the Applicant has brought three common and general words along with an exclamation mark in between the words which are used in day-to-day life by the...
...application is pending before the concerned trademark authorities.17. The word mark ALL FLEET is a combination of two common words. Further “ALL FLEET” can conjure up not one, but several...Phillips India Limited v. Girnar Food and Beverages, 2005 (30) PTC 1, to say that even if a trademark partly contains descriptive words, as long as the plaintiff can establish...“ALL FLEET” is undoubtedly a conjunction of two common words, it does not and cannot have one natural descriptive manner as is ascribed by the defendant.18. In the present case, the...
...nature and basic character of the trade that no person can claim exclusive right over it. „CASH FOR GOLD, „GOLD BUYERS" and „WE BUY GOLD" are too common words to qualify a word as a trademark. It... common word or a phrase it comes with an implied acknowledgment that other person are also entitled to its use. The commonality of the words/marks are itself reflected from the...trademark „CASH FOR GOLD"
is also used by him as his trade name. He is the proprietor of the trademarks/labels/trade names „CASH FOR GOLD, „GOLD BUYERS" & „WE BUY GOLD" in...
...object of Trade Mark Law is not to prevent conduct by a trader or producer, which is calculated to injure the business or goodwill of another trader. This is more where generic terms or common words are used for trademark. ...from similarity of trademark or logo or words used by the plaintiff. This is prima facie case.43. The rule of phonetic similarity should not be extended in such a way that words with...registered with the Registrar of Trade Marks on the applications made by their predecessors firm. As the trademark “TRINETRA” is registered in favour of the appellant under various classes and categories of...
...the use of such words as a trademark or as a title. Normally, proprietary or exclusive use of a common word should not be given jural imprimatur.”19. There is undoubtedly some body of...authority supporting protection for word marks, or combination of common words. Globe Super Parts…Plaintiff; v. Blue Super Flame Industries…Defendant., ...:“Where words or phrases in common parlance are sought to be used with exclusivity, the Court should take care to determine which of the parties has ended its journey or traversed appreciably longer way in...