prescription drugs, though they are nutraceutical products and that the prefix
'GLO‟ is common to the trade. It is submitted that the marks „GLOEYE ... Defendant
submits that the cases where injunction had been granted for common
prefixes, like the case of LIV-52 in Himalaya Drug Company
Therefore determining
whether the defendant's use of the prefix common to both
trademarks, "BOOKMY", amounts to infringement and/or passing ... merely by, the prefix
„micro‟ in the trade name. Once, therefore, it is held that the
word „micro‟ is a common or general name descriptive
trade mark of the appellant PARKITANE even after holding
that the prefixes "Pace", "Par" and "Paki" and suffixes ... adopted trade marks with prefix
NET to indicate the drug name Netilmicin Sulfate and the suffix
MICIN/MYCIN is common to pharmaceutical trade. Both
Supreme Court has held that a prefix
which is a common or general name, which is descriptive of the
product, cannot be monopolised.
10. Learned
DECITAS and DECITEX are both based on the drug/molecule
Decitabine. The prefix „DECI‟ in the trade name of the plaintiff and
defendant represents ... that the name of the molecule Decitabine is publici
juris and is common to trade. No person can claim monopoly of the name
NAAN‟ with various
prefixes and suffixes. The Defendant Nos. 1 and 2 have also shown on
record that it is the common practice
exclusive statutory right to
the registered trademark 'SWAGATH' and common law right to the
trade name/trademark/service mark 'SWAGATH ... restraining the appellant and all persons
claiming under it from encroaching the common law right to the trade
mark 'SWAGATH' of the respondent
COMM) 347/2016 Page 8 of 17
contend that whether a common word such as „DISH‟ has acquired
secondary distinctiveness is primarily a question ... words of common parlance are used, exclusivity cannot be claimed
and that the use of a prefix would invariably result in distinguishing
the rival products
supra) is reproduced
hereinbelow:-
"17. The series of marks containing the common element
or elements therefore only assist the applicant when those
marks ... 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
operating staff who are not well qualified, to save
time had prefixed the client code of the assessee
in the system as default which ... stock exchange has
also drawn a list of the common violations
committed and the applicable penalties (PB 21-
24) where it is stated that
