drug 'Meropenem', taking the prefix 'Mero" which is used as a prefix in both the competing marks. Both the appellants/plaintiffs ... aforesaid word 'Meropenem'. Along with the aforesaid generic/common prefix, 'Mero', the appellants/plaintiffs have used the syllables
That the words "ULTRA" AND "ULTRATECH" are common to
the trade and are otherwise of a non-distinctive character ... ULTRA" or "ULTRATECH";
(ix) That the prefix "ULTRA" being a common word to the trade
is a descriptive word
names of
medicinal/pharmaceutical preparations with some prefix or suffix. It is
descriptive in nature and common in use. In view thereof nobody can
claim ... having
common elements is required to establish extensive use. Paragraph 15 is
reproduced hereinbelow :-
"15. The series of marks containing the common element
scheme which is likely to result in deceiving the common user.
8 The defendants' contentions are as under :-
(i) According to the defendants their ... otherwise
of a non-distinctive character and the prefix "ULTRA" is a common
descriptive word and the remaining part of the word
word TV, a word otherwise used for television, is also a common word used by so many television companies, namely, Sun TV, Vijay ... learned single Judge has prefixed the name "Arun's" before "malar.tv" and the said prefixation of "Arun
failed to take note of the vital issue that the prefix of ECO is common and the suffix of the subject trade mark is different
variance of prefixes or suffixes, was used by about forty traders in that area, as the appellant claims, then it would be common ... provided if the trade name infringes another trade name even with a prefix or a suffix, the same would amount to infringement and no other
concurrent user are available to UBPL?
20. The word ZID which is common to both ORZID and FORZID is undoubtedly
derived from the active pharmaceutical ... part „ZID‟ that is common to both marks. The further prefix „OR‟ too is
common. In other words, „ORZID‟ is common to both marks
case deals with a common name. In my opinion, the test of secondary
distinctiveness can be no different for a common name than that which ... conclusion that a name as common as KRISHNA; which in the cultural context of our
country is as common as the word „John‟ used
KRISHNA‟.
4. The defendant/respondent asserted that the word
„KRISHNA‟ is a common word and is the name of a Hindu
God who is associated ... part-words prefixing or suffixing a word in dispute would be
relevant on the subject of a monopoly to a word of common
origin
