Dharampal Satyapal Limited vs Mr Basant Kumar Makhija & Ors. on 17 October, 2023
(a)] or designate the kind, quality, quantity, intended purpose,
values, or other characteristics of the goods in respect of which
the marks are used [vide clause (b)], or which have become
customary in the current language or in the bonafide and
established practices of the trade [vide clause (c)]. Parle's case - as
articulated by Mr. Sudhir Chandra - is that the registration of
PepsiCo's "For The Bold" trade mark is invalid because it is
purely descriptive of the tortilla chips in respect of which it is
used and, inasmuch as "bold" is a word of common and
customary English usage, is also a phrase which has become
customary in the current language and in the bonafide and
established practices of the trade. Mr. Sudhir Chandra invokes,
therefore, all three clauses of Section 9(1).