Arbitrary, fanciful and invented marks,
ii. Suggestive marks,
iii. Descriptive marks,
iv. Generic marks.
8. The spectrum of distinctiveness of marks has been the subject ... distinctiveness of marks clearly
explains how distinctiveness of marks is to be judged.
The spectrum as explained in McCarthy on 'Trade Marks
and Unfair Competition
trademarks emphasises that use of a well known mark
even in respect of goods or services, which are not
similar to those provided ... distinctiveness of trade marks, wherein it was
observed that in the spectrum of distinctiveness, the first category of marks is
of arbitrary, fanciful and invented
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
from its
status as a 'well-known' and 'arbitrary mark' and it
needs no emphasis that if law protects such ... registering the mark in 1988 to being
recognised as an 'arbitrary' mark in the year 2015 by
this Court and finally being declared
Sirvi for running and operating a gym
and fitness centre using the mark 'CROSSFIT' unauthorisedly.
3. The plaint avers that the Plaintiff ... claimed that the mark 'CROSSFIT' is an arbitrary mark,
originally coined and adopted by Mr. Glassman in 1985. Thereafter, the
Plaintiff has been
mark along
with their respective domain names have been set out below:
S.No. Plaintiff's Mark Defendant's Mark ... mark and name Emerald for valves and
the Defendant's adoption is recent. The mark EMERALD is a completely
arbitrary mark and the adoption
formative marks are also used in respect of cosmetic products in
several countries of the world. The mark 'RICA' as word mark ... class 3. The word 'RICA' is a completely
arbitrary mark which has been derived from the Italian word for 'flower
also its trade mark, in the year 1996. Since then, the Plaintiff has extensively
used the said mark for high quality products of its manufacture ... ASTRAL', though a dictionary word, was adopted as
an arbitrary mark in the year 1996, and its variants have been registered in
Classes
registered owner of the mark '3M' which is an arbitrary mark, and that the
use of the mark
registration
of "JIVA" as a trade mark, could not argue that the
mark was descriptive. Reference to Automatic Electric
Ltd. was made ... DESCRIPTIVE - Secondary Meaning Required
SUGGESTIVE - Inherently Distinctive
(No Secondary Meaning Needed)
ARBITRARY/ INVENTED MARKS - Inherently Distinctive
(No Secondary Meaning Needed)
27. Even if one considers
