...already registered consisting of the words “Solamer”, “Solarton” and “Solinar”. The three words were already registered in respect of the same goods or goods of ...section 9(1)(d) of the Act is a complete bar to the registration of the mark either in part “A” or part “B” of the Registrar is correct. Section 9(1)(d) of ...mark shall not be registered in part B of the Register unless the mark in relation to the goods in respect of which it is proposed to be registered is distinctive, or is...

...relevant date. That section runs:“6. (1)A trade mark shall not be registered unless it contains or consists of at least one of the following essential particulars namely:...registration by reason only of the fact that the trade mark is not adapted to distinguish as aforesaid, and may accept evidence of acquired distinctiveness as entitling the trade mark to ...conceded, the only question for consideration is whether the last part of the proviso that the Registrar may accept evidence of acquired distinctiveness as entitling a mark for registration notwit...

...raised by the office of the Registrar that the word ‘Janta’ had a direct reference to the character or quality of the goods and was n...admitted that the word ‘Janta’ has a dictionary meaning as “people” but proceeded to state that it did not have any direct reference to the character or quality of ...-section (1) of S. 9.“A Trade Mark shall not be registered in part A of the Register unless It contains or consists of at least one of the following essential particulars, n...

..., namely:(a) the name of a company, individual or firm represented in a special or particular manner;(b) the signature of the applicant for registration ...(d), it was submitted, if a trademark contains or consists of one or more words having no direct reference to the character or quality of the ...) to (d) of Section 9(1). It was then contended that the geographical name or a surname or a personal name or any common abbreviation thereof or the name of a s...

...invented word and whether it was a descriptive WOrd. . Section 9(1 ) of the Act states- . "A trade mark shall not be registered in Part A of the register unless it contains...goods or description of goods which is identical with or deceptively similar to a trade mark which is already registered in the name of a different proprietor in respect ...descriptive of goods." Section 56(1) reads: "On application made in the prescribed manner to 'a High Court or to the Re...

.... Having heard, I am of the opinion that the Registrar has committed an error in refusing the application for registration. A trade mark is available for registration in part-A of the Register if ...was available for registration. Their Lordships held that the reference to the character and quality should be direct and plain and not remote and far fetched.7. In Kanwar Ay.... When the word is one which has different meanings in different parts of the country, in such a case the reference to any word or words descriptive of the ...

...’ manufactured by them. It is not the company's case that the fresh application related to a different substance. By a letter dated the 6th October, 1950, the Administrative Officer of ..., as applied to a substance like the company's hydrogenated oil which was intended to be used as a cooking medium, it was a word having a direct reference to the character or ...)(e) of the Act and, to a certain extent, by certain principles of a general charcater. Section 6(1)(d), so far as is material, provides that “a trade mark shall not be registered unless...

...urged that in view of the disclaimer in respect of flower design and the word ‘Majmua’, either separately or together, the exclusive right, which is conferred on respondent 1 by the regis...accept the submission of the learned counsel. The perusal of S. 9 of the Act makes it clear that the registration of trade mark can be granted in Part A of ...registered in Part A of the register unless it satisfies the essential particulars under S. 9 of the Act. In case the word or the numeral, which is proposed to be regist...

...Trade Marks, however, refused it on the ground that ‘SAFI’ was a descriptive word having direct reference to the character and quality of the goods and is not inherently...be registered in Part ‘A’ of the register unless it contains or consists of at least one or more words having no direct reference to the character or duality ...hold that the word ‘SAFI’ is an unusual word totally unknown in the common parlance and has no direct reference to the character or quality of the ...

...denoting something which regulate speed etc., it is a necessary conclusion that the use of the expression “Speedmaster” on such instruments would be directly descriptive of the character ...has to be considered as to whether the word “Speedmaster” has direct reference to their character or quality.16. Under Section 6(1)(d) of the Ac...registration as a trade mark. Therefore, what is objectionable to such eligibility, is direct reference to the character or quality of the goods. A mere suggest...

...the word is employed in a sentence.8. The question before me is whether the Registrar has rightly granted registration to the trade mark “GUTSY” in Part B of the Register?...when the words “FANTASY”, “JUBILEE”, “LEGEND”, “IMAGE”, “SALUTE” etc. were registered. In the result, the Registrar came to the conclusion that the mark applied for has no direct ...necessary for the Registrar to consider the objection under section 9(1)(d) which provides for the conditions for registration of a trade mark in part A of the ...

...the most prominent feature of the trade marks sought to be registered was the expression “Vedna Nigrah Ras” which in ordinary parlance meant that the Ayurvedic medicine to which these wor.... section 9 of this act lays down the requisites for registration in Parts A and B of the register, relevant portions of which run as: “9 (1) A trade mark shall not be registered in Part A...Ayurvedic medicine to which these words applied was for restraining or suppressing pain and, consequently, and a direct reference to the character or quality of ...

.... 8. The statutory provision is contained in S. 9 of the Act, the relevant part of which is in these terms. "9(1) A trade mark shall not be registered in part A ...does describe the character and quality of the goods My Lords, I desire to give my opinion with reference to the particular word and not to go behind i...permitted." Lord Herschell, in his speech, part of which I am quoting for facility of reference, observed thus : "The vocabulary of ...

...describe the goods of A, is likely to be apt to describe the similar goods of B”If the mark is not an invented word but has a direct reference ...of the goods in respect of which registration was sought. The mark was held to be not distinctive, being the phonetic equivalent of “quick copy”. Kwik Kopy Trade Mark, 19...premixture preparations of “Gin and Lime” and “Gin and Orange” as the said words are not invented words and have direct reference to the quality and character of the ...

...word having a direct reference to the character or quality of the goods is prohibited under Section 9(1)(d) of the Trade and Merchand...and sale which is likely to cause confusion or deception amongst the members of the public which is deceptively similar with the trade mark “DIMMERSTAT” of the plaintiff. Accordi...transformers under the impugned trade mark “DIMMER DOT” or any other trade mark as may be identical to or deceptively similar with the trade mark “DIMMERSTAT” amounting to infringement of...

...-section (1) of Section 9 provides that a trade mark shall not be registered in Part A of the Register unless it contains or consists of at least one or more words having no direct ...not being according to its ordinary specification, a geographical name or surname or a personal name or any common abbreviation thereof or the name of a sect, caste or tribe in I...” ex facie have a direct reference to the character or quality of the goods and thus cannot be registered as a trade mark, no amount of user of ...

...?”Evidence was thereafter adduced by the parties. The evidence of the respondent indicated that it has been selling “SUN” brand lanterns of about rupees thirty or thirtyfi...observations, Mr. Chawla on behalf of the appellants contends that the word “SUN” when used in respect of lanterns is a laudatory term which has reference to the character ...such the word “SUN” could not be the subject matter of a trade mark for lanterns. Reference in this context has also been made to the case of Harrisons & Crossfield, reported in (...

...shall not be registered unless it contains or consists of at least one of the-following essential particulars namely:—.(a) the name of a company, individual, or firm, repres...two amine groups may reasonably desire to use this word as descriptive of the character or quality of their goods. There appears to be no other single word which could e...direct reference to the character and quality of the goods and to be distinctive, nevertheless will be ineligible for registration in view of the fact ...

...regulates, indicates, or attains speed, as a speed clock etc. If there are speed clocks and speed watches denoting something which regulate speed etc., it is a necessary conclusion that the use of the expression "S...ordinary wathces, clocks and Time-pieces which are intended merely to denote time, that the question has to be considered as to whether the word "Speedmaster" has direct reference to thei...reference to the character or quality of the goods. A mere suggestive significance in connection with the goods would not render it inappropriate for u...