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
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
Mark comprises a slogan that does not
convey any reference to the goods of interest to the applicant. In
other words, the mark is arbitrary ... PepsiCo as a word mark under the Trade Marks
Act . Moreover, he submits that "For The Bold" is arbitrary
those trade
marks is used in a normal way as a trade mark for the goods of the
respective owners of the marks ... mark AZIWOK has accumulated
goodwill. Compared to the adoption of the mark AZIWOK by the
plaintiff, the defendant's use of the impugned mark
Physical Efficiency Test was recommended?
iii) Whether fixation of cut off marks was arbitrary?
iv) Whether awarding fractional marks in the interview is impermissible ... secured less marks in the final
written examination obtained more marks in the interview than those
who obtained higher marks in the written test
would be
required to secure a minimum of 60% marks in the interview, is highly arbitrary
and contrary to the Arunachal Pradesh Judicial Service Rules ... power of the Government to provide such high
marks for interview or that there was any arbitrary exercise of
power." (SCC p.166, para
specialty hotels. The Plaintiff claims to
have first adopted the arbitrary 'ANGSANA' mark, in the year 2000 in
Indonesia and Australia ... identical mark and logo, albeit, in a different
colour combination. The Plaintiff's mark 'ANGSANA' is an arbitrary mark,
in respect
applied/used for and therefore, it classifies as an arbitrary
mark which is entitled to the highest extent of protection and that
the arbitrary trademark ... India within the meaning of Section 56 of Trade
Marks Act,1999.
3. It is further averred that plaintiff has acquired rights
in the Registered
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
division of marks by the Commission on
different facets and awarding only 2½ marks for
higher qualification can be said to be arbitrary?
Admittedly, there ... marks for viva voce and
20 marks for general knowledge out of 100 marks
must be held to be on the face of it arbitrary
