...’ is too descriptive. The mark has not acquired distinctiveness or is capable of acquiring distinctiveness as the mark is only proposed to be used.11. Next, coming to the issue of...had held that the trade mark as a proposed to be used mark cannot be said to have acquired distinctiveness. The relative ground for refusal of registration as to likelihood of confusion was also...shown that the mark has acquired distinctiveness as a result of use before the date of application for registration. A mark or word or words to be distinctive of a person's goods must be incapable of...

...too descriptive. The mark has not acquired distinctiveness or is capable of acquiring distinctiveness as the mark is only proposed to be used.11. Next, coming to the issue of relat...had held that the trade mark as a proposed to be used mark cannot be said to have acquired distinctiveness. The relative ground for refusal of registration as to likelihood of confusion was also...that the mark has acquired distinctiveness as a result of use before the date of application for registration. A mark or word or words to be distinctive of a person's goods must be incapable of...

...mark.10. The trade mark ‘Invisible Panty Line’ is too descriptive. The mark has not acquired distinctiveness or is capable of acquiring distinctiveness as the ...perusal of the order, it is clear that the Registrar had held that the trade mark as a proposed to be used mark cannot plead to have acquired distinctiveness. The relative ground for refusal of...practice of trade shall not be registered unless it is shown that the mark has acquired distinctiveness as a result of use before the date of application for registration. A mark or word or words to be...

... "cool" and "poly" hence it is not inherently distinctive, so no one can claim any exclusive right over the descriptive word, until and unless the mark has acquired distinctiveness by.... 5 proviso to Section 9(1), which would apply where the mark, before the date of registration, has acquired distinctiveness -in trade...COOL and POLY, (ii) COOLPOLY, as a whole, was not inherently distinctive, (iii) the mark was, on the other hand, descriptive of the goods...

...descriptive of goods and is not capable of distinguishing the appellant's goods from goods of others. The mark has not acquired distinctiveness before the date of application as it was only proposed to be...the mark was not descriptive and hence was not barred under section 9 of the Act as is being observed by the learned Registrar and prayed that the application be proceeded for advertisement...giving an opportunity of being heard which is in violation of principles of natural justice;(b) the respondent had not taken into consideration the arguments that the subject mark does...

...providing is purely descriptive. He also submitted that with regard to the impugned mark which does not possess distinctiveness and is purely descriptive the Board should see whether it has acquired...application has been made in the year 1991 claiming the user from the same year it could not have acquired distinctiveness in a short span of time. 5 (ii) 2005 (30) PTC 1 (...also not lend strength to the respondents case. 8. Ultimately in considering the question whether a mark has acquired distinctiveness or is descriptive it would depend on the facts of the case an...

...one of the three types of typhoid vaccines available. A descriptive mark can only be afforded protection in case it has acquired distinctiveness on facts. 25. It was...argument that the mark 'TCV' is descriptive, it has not acquired distinctiveness inasmuch as the user of the plaintiff is only of six years since 2012 onwards as...mentioned in para 3 of the plaint, that too of the mark 'TYPBAR - TCV', and not 'TCV' itself. Further, the plaintiff has made no claim of acquired distinctiveness in its pleadings, even though the same ...

...apply where the descriptive, or generic, mark, or part of the mark, has acquired distinctiveness, or a secondary meaning, invariably identifying the mark as belonging to the plaintiff. Judicial...Bharat Biotech International35 64. Both these decisions, by learned Single Judges of this Court, held that the issue of whether a descriptive mark had attained distinctiveness, or had ...feature of the plaintiffs trademark. (iii) No exclusivity can be claimed, over a descriptive mark, or a descriptive part of the mark, even by misspelling it. ...

...in that distinctive mark, or must the plaintiff demonstrate in addition, as Dr. Saraf says, not only that the mark has acquired distinctiveness at the hands of the plaintiff but, necessarily, given that it is a ...absolutely necessary that in every single case of use of a descriptive mark it is essential for a plaintiff to establish that the mark has acquired a ‘secondary’ meaning. In other words, I will assume that Dr. Tulz...descriptive mark, for the purposes of passing off, has acquired a secondary meaning. This, he submits, is overbroad as an absolute proposition. The attainment of a ‘secondary meaning’ is not a prerequisite...

...Merchant filed before us cannot be accepted in view of the clear contradictions. The evidence that the mark has acquired distinctiveness and it is not descriptive will be weighed by us. We are also not really conce...descriptive.FTL's mark has acquired distinctiveness because of the long use and in any event, TPHL which has applied for the same mark, cannot attack that FTL's mark is ...newspaper. This was subsequently withdrawn by TPHL.11. TPHL seeks rectification on several grounds. The mark is descriptive and unless there is evidence of distinctiveness, the said mark...

...acquired the status of distinctiveness. The other submission of the defendants is that their trade mark is 'hot FLAME'. There is no confusion in the trade mark of the plaintiff and of defendant's...no inherent antithesis between descriptive names and distinctiveness. They are not mutally exclusive. Being the question of fact it is to be established by evidence as to whether descriptive name has...'superflame' used by the plaintiff has acquired distinctiveness. The products are widely advertised all over India on Radio, TV, Daily Newspaper and Magazine. Plaintiff has alleged that defendant No. 2...

...one year and four months, this mark could not have attained distinctiveness as trade mark and trade mark could not have acquired a secondary meaning. Descriptive marks are registered as those that...as a whole indicates to clothing etc. which are not formals (casual). Thus the mark is descriptive of goods and the same is not capable of distinguishing the applicant's goods from goods of others.... The quantum of use of trade mark prior to the date of application is not sufficient to make the trade mark distinctive and the trade mark has not acquired a secondary meaning, therefore the...

...another. The words which are descriptive of goods are not considered prima facie capable of distinguishing. The mark BRA-LET is too descriptive. It has not acquired distinctiveness or is capable of...use of its said trade mark, since as early as 2003 along with its Counter Statement filed in the year 2014. It is therefore submitted that the mark has acquired distinctiveness through significant and...for the goods falling in class 30.4. The impugned mark consists of word “CUSTARD” that is devoid of distinctive character in the trade, since the same is wholly descriptive. The word...

...acquired distinctiveness by use. The mark has been put to use for a certain period. The respondents though not for the goods under dispute, have claimed proprietary rights since the year 1972 which facts...contravention of the provisions of the Act is that the registration is causing heavy loss and injury because of the confusion. The trade mark which is registered is not descriptive. The mark as seen as...that all Intellectual Property including the trade marks, service marks, etc. including the service mark “Weikfield mnemonix Infonetworks Pvt. Ltd.” used in respect of IT/ITES and/or related services...

...Senior Examiner would be required to examine whether the mark has acquired distinctiveness, by scrutinizing its extent and length of user, registrations, if any, in other jurisdictions etc. and any...the opinion that the Respondent erred in outrightly rejecting the mark on the sole ground that it is descriptive and without even examining whether the mark had acquired a secondary significance or had...which is highly descriptive to the goods applied for. The mark applied for registration is objectionable under S 9(1)(b) of the...

...mark ‘WEALTH ADVISORS’ and Logo and hence, it had acquired no distinctiveness on the date of application. Besides this, it is the stand of the 1 Respondent that a descriptive mark like ‘WEALTH ADVISORS’ co...the Petitioner projects an argument that the Petitioner is using the registered trade mark ‘WEALTHADVISORS’ for over eight years and as such, the mark had acquired distinctiveness and secondary...circumstances of the present case which float on the surface, comes to an irresistible conclusion that the Writ Petitioner's mark ‘WEALTHADVISORS’ and Logo had not acquired any distinctiveness on the date of...

...germane to the dispute are: i. Whether the plaintiff's mark 'WEATHERSHIELD' has acquired distinctiveness / distinctive meaning and cannot be considered descriptive; ...prove distinctiveness, and something more than financial figures of sales is required; the mark should have acquired secondary meaning and goods bearing the mark should exclusively be identifiable to...which is identical to that of plaintiff. I. Whether the plaintiff's mark 'WEATHERSHIELD' has acquired distinctiveness / distinctive meaning and...

...under Section 11 was rejected as there did not exist any likelihood of confusion or deception. The impugned trade mark was put to use for five years and has thus acquired distinctiveness. The mark...filed on 20.03.2003 claiming user since 01.04.1998 By a continuous use of five years, the mark has acquired distinctiveness was the 1 respondents contention. The documents relied on by the 1 respondents...mark is registered.15. We have perused the documents. The application for registration of the impugned trade mark “LILLY with a device of flower and other descriptive matter” was...

...during a long period of time without anyone else attempting to use said trade mark, in order to infer acquired distinctiveness/secondary meaning. Once others claim a right to a descriptive trade mark befor...end of a long period which is essential for descriptive mark to become distinctive then the original user of descriptive mark cannot ordinarily distinguish its mark and the mark can never acquire ...by every man and in a country like India the evidence of use of such goods must be of exceptionally high volume for the court to draw an inference of acquired distinctiveness. No such evidence has been produced by respondent in the ...