Kamat Hotels (India) Limited vs Royal Orchid Hotels Limited And Another on 5 April, 2011
The expression "LOW ABSORB" is quite clearly a common
descriptive expression/adjective. The expression "LOW ABSORB
" is not a coined word and at best it is a combination of two
popular English words which are descriptive of the nature of the
product as held by the Division Bench in Cadila Healthcare Ltd.
(supra) case that such adoption naturally entails the risk that
others in the field would also be entitled to use such phrases.
Low Absorb is not an unusual syntax and the same can almost be
said to be a meaningful part sentence or phrase in itself. The
expression "LOW ABSORB" surely and immediately conveys the
meaning of the expression that something which absorbs less,
and when used with respect to edible oil, it is descriptive in that
it refers to less oil being absorbed or low oil being absorbed.