M/S. Veerumal Praveen Kumar vs M/S. Needle Industries (India) Ltd. And ... on 24 August, 2001
In Veerumal Praveen Kumar v. Needle
CS(COMM) 174/2019 Page 19 of 39
Industries (India) Pvt. Ltd., 2001 (21) PTC PTC 889
(Delhi), a Division Bench of this Court emphasized that a
trade mark does not arise from the mere use of a word or
words or a formula or a mark. It had to be shown that in
relation to particular goods, there is a course of trading and
that a goodwill connecting the trader with the goods by the
reason of the trade mark under which the goods are
marketed has resulted. It was observed: "it follows that
where, in relation to particular goods, there is no such
course of trading as to give rise to goodwill, there is no
interest to be protected by a trademark and no such mark
can subsist in vacuo."