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1 - 10 of 21 (0.71 seconds)Section 30 in The Trade Marks Act, 1999 [Entire Act]
Section 29 in The Trade Marks Act, 1999 [Entire Act]
Section 28 in The Trade Marks Act, 1999 [Entire Act]
The Trade Marks Act, 1999
The Code of Civil Procedure, 1908
Section 124 in The Trade Marks Act, 1999 [Entire Act]
Wander Ltd. And Anr. vs Antox India P. Ltd. on 26 April, 1990
In this
regard, it would be apposite to refer to the observations made by the
Supreme Court in Wander Ltd. and Ors. v. Antox India P. Ltd., 1990 Supp
SCC 727, which are set out below:
Godfrey Phillips India Ltd. vs Girnar Food & Beverages Pvt. Ltd. on 5 December, 1997
In Godfrey Philips India v. Girnar Food and
Beverages, (2005) 30 PTC 1 (SC) and Indian Shaving
Produtcs. Gift Pack, (1998) 18 PTC 698, it was held that
even descriptive marks are capable of registration as
trademarks, and their unauthorized use can amount to
infringement, provided they attain that level distinctiveness,
through sustained use and reputation, that a mere use of
such generic term would immediately signify the plaintiff as
its manufacturer. Therefore, in order to so find, that use of a
descriptive term or a term that is publici juris, amounts to
infringement, the plaintiff must establish that use of the term
has become synonymous with its mark, or that the
reputation of the mark is of such nature that the public is
likely to get confused and would attribute the defendants'
goods to the plaintiff's. The more descriptive the term
employed or alleged to be infringing, higher the standard
of evidence required to establish that term has in fact
acquired secondary meaning and thereby, attained
distinctiveness.
Procter & Gamble Manufacturing ... vs Anchor Health & Beauty Care Pvt. Ltd. on 30 May, 2014
I cannot agree more with the
findings of the Division Bench that each case turns on its own unique facts
and in my view, the facts of the present case are different from the facts of
the case before the Division Bench in Procter & Gamble Manufacturing
(supra).