prefix or a suffix, therefore, the defendant cannot claim any exclusivity
over the word 'ZEST'. 'ZEST', even otherwise, is a common ... trade mark owner may use a plurality of
marks with a common prefix, suffix or syllable. It has the opportunity to
Signature Not Verified
there is a probable enquiry in another name
which has a prefix common to our entity."
4.8 For rejecting the claim made
Minda Spectrum Advisory Limited & Ors. vs Minda Oils India Pvt Ltd & Ors. on
market having NEBI as prefix and
around 40 of them are registered, and therefore NEBI is
common to trade and there is no likelihood ... evidence as to the user of marks with
the common element. What had happened was that
Deputy Registrar looked into his register and found
there
attorney of the
defendant. It is further submitted that word „air‟ is common to
trade especially in the trade of electronic goods and there ... bookmyshow.com‟ objected to registration of
www.bookmysports.com. Prefix „Bookmy‟ was common
expression which was not unique domain is used for
hire/booking only
includes the word 'THAR', either as a suffix or a
prefix, details of which have been furnished in the reply;
K. Defendant came ... word 'Dhol' or 'Dhola' is a common name
across the country denoting drum, commonly used in
celebrations and therefore, the coined
contain a common element which is also contained in a
number of other marks in use in the same market such a
common occurrence ... those features. This
principle clearly requires that the marks comprising the
common element shall be in fairly extensive use and, as I have
mentioned
entail deep
emotions and that the word 'Afza' is common to both. As has been
repeatedly held by the courts, the standard ... importance of the prefix of the word should be
taken due weightage and important in case where the suffix
is common. Where the suffix
trademark TIMES is common to trade
and there are several entities who have been using TIMES, with or without
suffix/prefix, such as TIMES ... settled
position in law that trademarks which are generic and common to trade are
weak marks and not entitled to protection under
mark ''ZYVISC'' was adopted by taking the prefix
''ZY'' from the house mark of the Defendants, namely ... Defendants state that the suffix ''VISC'' is common to the
trade in relation to ophthalmic products. In order to substantiate
