mark and goodwill thus become more or less
synonyms of each other and the trade mark is a symbolic
representation of the trade mark ... ARBITRARY
6. INVENTED
60. On the above criteria it can be seen that the word
'BAKERSFIELD' can be treated as an arbitrary mark
appears:
GENERIC>DESCRIPTIVE>
SURNAME>SUGGESTIVE>
ARBITRARY>INVENTED
39. Arbitrary marks comprise those words, symbols or pictures etc.
which ... Arrow' for shirts; 'Teacher' for liquor are all arbitrary marks. These
words of dictionary have no connection with the ingredients, quality
appears:
GENERIC>DESCRIPTIVE
>SURNAME>SUGGESTIVE
>ARBITRARY>INVENTED
26. Arbitrary marks comprise those words, symbols or pictures etc.
which ... Arrow' for shirts; 'Teacher' for liquor are all arbitrary
marks. These words of dictionary have no connection with the
TM 118/2011
distinctive mark, a suggestive mark and a
well known mark, then there is no question of pleading
secondary meaning to its mark. It is only ... mark can become a trademark if it
acquires secondary meaning
* A suggestive mark is inherently distinctive
42. The line between suggestive marks and descriptive
marks
minimum qualifying marks in the interview, they could not
be selected only because their aggregate marks were higher than the marks scored by the
last ... 4835 of 2011 Page 7 of 13
found marks to be arbitrary, they should have challenged the same at the very first
instance. Instead Petitioners
marks obtained in the
English test were also included in the overall marks in the written test;
(d) No weightage of marks for the written ... marks
General knowledge : 10 marks
Skill/aptitude : 10 marks
Personality : 10 marks
Proficiency in Hindi : 5 marks
Achievements : 5 marks
Total marks : 100 marks
failed in the one theory examination by lack of five marks, by granting grace marks only to the written examination one cannot say that ... which cannot be said to be either illegal or arbitrary.
23. Granting of grace marks can never be taken as a matter of right
marks
Personal Interview 50 marks
7. The minimum required marks to qualify for promotion to
the post of Principal Scientist was 60 marks ... marks for research publication/achievement,
20 marks for recommendation of superiors and 50 marks for
personal interview out of a total of 100 marks
aforesaid business activities, plaintiff
had coined a most unique, distinctive and arbitrary mark 'CSM'.
The said trade mark 'CSM' was adopted
marks and fix a comparatively higher minimum qualifying
marks for higher posts."
Rejecting the argument that 78 minimum qualifying mark was unreasonable and
arbitrary ... minimum necessary merit by
prescribing marks under several heads or by prescribing a specific minimum mark, is reasonable
or arbitrary, would depend upon the facts
