Anchor Health And Beauty Care Pvt Ltd vs Procter & Gamble Manufacturing ... on 9 May, 2014
16. However, in the present case a perusal of the impugned trade mark
and the packaging of the defendants would show that the mark "ALL-
AROUND PROTECTION" is being used as a standalone mark and not to
describe any quality of the product. The qualities of the product are
described separately on the packaging. The facts of the present case are
different from the facts as contained in the judgment of Nestle India Limited
v. Mood Hospitality Private Limited (supra). It cannot be said that the mark
"ALLROUND PROTECTION" as used by the defendant is not being used
as trade mark but as descriptive of the qualities of the product.