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
depends on its position on spectrum of
distinctiveness, with suggestive and arbitrary marks receiving
higher protection. Though defendant contends that word
TULASI is of common ... mark test, Courts are required to
consider distinctiveness, with suggestive and arbitrary marks
receiving higher protection. And descriptiveness
astrological principles under the mark
"AstroDunia" . It is stated that the mark is coined and arbitrary mark
Sairaj 1 of 45
astro finalised ... public. Whether the words or
marks claimed as trade marks are descriptive, or whether
they are suggestive, arbitrary, fanciful must be tested
with respect
depends on its position on spectrum of
distinctiveness, with suggestive and arbitrary marks receiving
higher protection. Though defendant contends that word
TULASI is of common ... mark test, Courts are required to
consider distinctiveness, with suggestive and arbitrary marks
receiving higher protection. And descriptiveness
adoption of the identical mark "TRACKON" which is an arbitrary
mark. He submits that there was no search conducted by the
Defendant ... trademark "TRACKON" coined by the Plaintiff is an arbitrary
mark which is an inherently distinctive mark and by reason of the
continuous
