patently arbitrary or the risk of arbitrariness is so high that a reasonable person would regard arbitrariness as inevitable, that the assessment of marks ... patently arbitrary or risk of arbitrariness is so high, that a reasonable person would regard arbitrariness as inevitable, that the assessment of marks
recognised the
difference between descriptive marks and suggestive marks. Marks
which are suggestive can be registered, though marks which are
descriptive cannot be registered ... categories
of marks are blurred. Often, distinctions between suggestive,
fanciful and arbitrary marks may seem artificial.
27. For instance, in Abercrombie & Fitch
Flirt are arbitrary in the
sense they have no connection whatsoever with perfumes. It is
contended that such arbitrary marks deserve the highest protection ... this stage, MESO's contention that Legend and
Flirt are arbitrary marks with no connection whatsoever with
perfumes is difficult to accept
secured 178.1 and 161.04 out of total marks of 225 which marks were more than the marks secured by the last selected candidates ... scored 14.33 marks and the last qualified candidate in the general category had scored 15.01 marks. Further negating the allegation of arbitrariness, illegal and discriminatory
identify
the source of the product. Marks - particularly word marks are descriptive, geographical, generic
or arbitrary. A mark which has no co-relation to goods ... services which it services is an
"arbitrary" mark. The plaintiffs' contention is that KAMADHENU is not descriptive, but
arbitrary, and by long
marks of 50 out of 85 for OC, 45 for BC and 40 for SO ST is on high side and is irrational, arbitrary ... Constitution?
(v) Whether the qualifying mark prescribed in the written examination for eligibility for oral interview is arbitrary and violative of Articles
marks, in relation to reserved category candidates, linked with the open from
the candidate mark per se is not arbitrary or unconstitutional.
Analysis and Conclusions ... where
75 marks out of a total of 275 marks were allocated for the oral
interview, this Court observed that the marks allocated for
interview
trade mark sense by defendant No.2 in the mark
'ZYVAC-TCV'. The defendant's mark 'ZYVAC ... mark is 'ZYVAC'. It is
settled law that while comparing trade marks, the competing marks
should be considered as a whole (Ref:- Kaviraj
What was stressed was that those who had secured less than 12 marks at the written test, could not have been eliminated at the stage ... pleaded that bunching of vancancies was illegal and, therefore, whole selection was arbitrary. By filing petition, the original petitioners had prayed to declare Rule
total marks as otherwise, a high percentage of marks for interview would vest arbitrary powers of selection with the Selection Committee. Some of the petitioners ... basis of the marks allotted to them. Out of the total of 30 marks maximum 10 marks were for the Degree, 5 for the experience
