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
claim that the mark
„Aqua‟ was randomly coined and is an arbitrary mark in application to
mobile phones and merits trademark protection ... mark being a descriptive mark, the plaintiffs must
show that it has acquired a secondary meaning for seeking protection
before this Court.
26. Marks
Vintage Distillers Limited vs Ramesh Chand Parekh on 16 November, 2022
Author: Jyoti Singh
Bench
using the trademark „Officer‟s
Choice‟ since 1988 and is an arbitrary mark for whisky. Therefore, the
respondent has vast reputation and goodwill ... different categories of trademarks - Generic; descriptive; suggestive and
arbitrary or fanciful]. An example of an arbitrary mark is „Apple‟ the name
of a common fruit
awarded to descriptive marks which have
acquired secondary significance.
29. The category of suggestive marks refers to those marks which are
neither exactly descriptive ... would
be arbitrary when applied to a soap.
31. Fanciful and arbitrary terms enjoy all rights accorded to suggestive
marks and are also entitled
plaintiff adopted the trademark LAVERA in early
1980 which is an arbitrary mark in connection with cosmetic products.
The trademark LAVERA was used ... that the plaintiff adopted the
trademark LAVERA which is a completely arbitrary mark/word when
used in connection with cosmetic products prior
awarded to
descriptive marks which have acquired secondary significance.
30. The category of suggestive marks refers to those marks which
are neither exactly descriptive ... would be arbitrary when applied to a
soap.
32. Fanciful and arbitrary terms enjoy all rights accorded to
suggestive marks and are also entitled
mark impugned,
more specifically in cases of a coined/ arbitrary mark. She places reliance
upon the following decisions, wherein the Courts were not convinced with ... past 17 years in India. The mark, by virtue of its
prolonged use and arbitrary adoption, has maintained an
inherently distinctive character, such that
mark ―Yo!
China‖, the said registrations were in respect of the whole mark ―Yo! China‖
and not just the mark -- ―Yo!‖. The registered mark ... were not descriptive of the respondent's
products but were arbitrary marks and that they had acquired distinctiveness
through usage since 2002. He observed
plea of the plaintiffs is that `Postman' is an arbitrary mark for edible oil and as such an invented word for the edible ... word `Postman' for the edible oils will be arbitrary. Therefore, the trade mark for edible oils `Postman' can not be termed
