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
description
for an automobile. It is therefore an arbitrary and fanciful mark and thus it
deserves a strong protection. Learned counsel referred ... Page 17 of 41
Edition), learned counsel urged that fanciful and arbitrary marks are
protectable and registerable immediately upon use, without need for proof
grading of 33 ½ %marks for ex-servicemen and
22.2% marks for general category for viva voce
test as excessive and arbitrary. In Ashok Kumar
alias ... Diploma/ Experi- Academic Interview Total
No. passing passing Degree % ence Marks Marks Marks
secured 96.50 marks, whereas the petitioner got 95.50 marks.
Further award of 3 marks for business ability/acumen was also arbitrary for
the reason that ... awarding the marks. The
petitioner had experience in all three columns. The maximum marks, which
could be awarded for experience were 4 marks.
Besides this
service, 50% marks allocated for
viva voce and 50% marks for academic
performance could not be said to have suffered
from any arbitrariness warranting interference ... many marks should be allowed
for the interview test. Of course the
marks must be minimal so as to avoid
charge of arbitrariness
impugned mark
by the Defendant is dishonest. The fact of the matter is that an essential
feature of the Plaintiff‟s marks ... mark
Taj Mahal with device can be said to be an arbitrary mark with a degree of
distinctiveness that enables the consumer to associate
mark, it could well be urged that it constitutes an
arbitrary mark. However, its link with news is unmistakable. In this context,
what acquires distinctiveness
allotting 100 marks out of total 500 marks,
being 20% of total marks of the examination, for interview as
excessive, unconstitutional, arbitrary, illegal, irrational, unjust ... Police.
e) Declare the awarding of 10 marks out of 100 marks in
interview as an arbitrary exercise of discretion by the respondent
year 1906. The trademark
of the plaintiff, Honeywell, is an arbitrary mark, without any meaning
in common parlance nor any meaning specific to the trade
allotting 100 marks out of total
500 marks, being 20% of total marks of the
examination for interview as excessive,
unconstitutional, arbitrary, illegal, irrational, unjust ... praying to
declare 100 marks out of total 500 marks, being 20% of total
marks, for the interview as excessive, arbitrary, illegal, irrational
and violative
