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38. No doubt the word 'FRONTIER' is a dictionary word having a meaning, thus being in public domain. If we look at the hierarchy of marks from weak to strong in the spectrum of distinctiveness the following lineage appears:­ GENERIC­>DESCRIPTIVE­> SURNAME­>SUGGESTIVE­> ARBITRARY­>INVENTED

39. Arbitrary marks comprise those words, symbols or pictures etc. which are in common linguistic use but which, when used with the goods or service in issue, neither suggest nor describe any ingredients, quality or characteristic of those goods or services. Thus 'Apple' for computers; 'Arrow' for shirts; 'Teacher' for liquor are all arbitrary marks. These words of dictionary have no connection with the ingredients, quality or characteristic of those goods. Thus they have in the course of trade have become distinctive of the goods they represent from a particular proprietor or source. They have thus in the course of use have become source identifier.

40. On this yardstick, the word mark 'FRONTIER' being an arbitrary mark, and on account of its use has been a source identifier for the plaintiff's goods and its distinctiveness. The plaintiff is not only claiming registration but long user and considerable goodwill also.

41. The argument of the defendant regarding Frontier being a word of common parlance and thus being not capable to being a trade mark or registration as such cuts both ways. The defendant is also using the word Frontier, of course coupled with another word 'Gyancy'. It has also been using ® (word R in circle to indicate it being a registered trade mark), though it is not the case in reality as the defendant has shown no registration of the trade mark 'GYANCY FRONTIER' on record. The defendant has argued that it was only due to bonafide mistake that some cartons with such description and using ® were printed but not actually used. Be that as it may be.