well-settled in trademark law jurisprudence that an "arbitrary mark"
deserves the highest degree of protection. Relevant para of the
judgment ... Officer's Choice' since 1988 and is an
arbitrary mark for whisky. Therefore, the respondent has vast
reputation and goodwill in the said
Vintage Distillers Limited vs Ramesh Chand Parekh on 16 November, 2022
Author: Jyoti Singh
Bench
mark was
inherently distinctive and arbitrary to alcohol and alcoholic beverages. Most
importantly, Appellant had pointed out that arbitrary marks are entitled to
high degree ... which it was brought forth that the mark
TAJPURIYA was an arbitrary mark in relation to alcohol and alcoholic
beverages and inherently distinctive and hence
Marks
JJA Interview Marks
Interview 12 Marks (i.e. Unreserved/General Category-05
10% of 120 Marks (rounded off 4.8) i.e. 40%
marks ... Examination Modified Interview Qualifying Marks
of DEO Marks
Interview 12 Marks (i.e. 10% UR/General-05 Marks
of 120 marks) (rounded
Mark
is used in a distinctive style and colour combination; (c) user
dates back to the year 2002; (d) rival mark of the Appellants ... Neutral Citation Number: 2022/DHC/004808
and an arbitrary mark, entitled to high degree of protection. Use of the
registered mark by the Appellants
house. Marks which are generic, descriptive or
suggestive have lower degree of legal protection as compared to
marks which are arbitrary or fanciful ... lead to deceptive similarity, particularly when the products were
same. The mark was arbitrary in respect of the product rice and was entitled
public search on the portal of Trade Marks Registry and
discovered that the impugned mark 'BANDOOK' was registered under
Class 33 in favour ... conceived and adopted trademark 'BANDOOK' as
a distinctive and arbitrary mark and bonafidely applied for registration in
Signature Not Verified
Digitally Signed
averred that Plaintiffs adopted the mark 'APNA' as a trade
name/service mark on 24.04.2019 with the incorporation of Plaintiff ... also contended that Plaintiffs' trademark APNA is an
arbitrary mark in relation to their recruitment services and inherently
distinctive. Defendant
with the Trade Marks
Registry, as reflected from the details furnished in the Plaint. The said marks
are duly registered, renewed, valid and subsisting ... further stated that the trademark SUN being an arbitrary mark and
trademark SPORIDEX being a coined and invented mark enjoys inherent
distinctiveness indicating trade origin
conveyed. Thus,
Plaintiff is the sole and exclusive proprietor of the title/mark/name
'KHILADI' in respect of cinematographic films/movies/motion
pictures ... Registrar of Trade Marks and has deliberately concealed in
the plaint that registrations are with respect to device marks and the
Signature Not Verifiednarrative