Spectrum of Distinctiveness of Marks' propounded by McCarthy,
the mark 'TCV' being a generic abbreviation of the product, as also
being descriptive ... respect of a generic mark will also not grant
sanctity to the mark. The grant of a trade mark registration is only
prima facie evidence
THOUGH
ZEN IS A GENERIC WORD QUA A SCHOOL OF BUDDHISM, YET IT IS
NOT A GENERIC MARK WITH REGARD TO MOBILE PHONES.
22. There ... Consequently, though ZEN is a generic word qua a school
ofBuddhism, yet it is not a generic mark with regard to mobile phones and
tablets
argue that the mere use of
the mark does not constitute distinctiveness of the mark. For a mark to
CS (COMM) 1097/2018 Page ... applies for the registration of a mark is estopped from contending that the
mark is descriptive or generic. The relevant observations from Automatic
Electric (supra
required to
examine the cardinal principles and classifications applicable to marks, viz.
generic, descriptive, suggestive, and arbitrary/fanciful. Such legal
principles, as applicable to infringement ... case, as would be clear from their pleadings, that
such mark was generic. It is difficult to fathom as to how the Trial Court
Pallavi
using the Appellant's
Marks and goodwill. Hence, the assertion that the Mark 'HAVELI' is
generic is untenable. The learned Counsel ... HAVELI' formative Marks and while opposing the
registration of the Impugned Marks and other registered Trade Marks having
'HAVELI' as part
different classes of goods / services and the mark
'ANANDA' was a well-known mark. However, the mark 'ANANDA' was
held ... pirator and a subsequent user of the
Subject Mark?
Whether the Subject Mark is generic and descriptive in nature?
12. The Plaintiff has contended that
marks Liv.52 and LIV-T and at the strength of the
evidence produced by the defendant, the mark ‗LIV' is a generic word ... Actually, whether a particular mark is
a generic mark or portion of the mark is generic component is essentially a
question of fact. Further, what
alleged that when the products are sold under descriptive mark or generic mark, there can never be any confusion. Moreover, the packaging used ... defendants were selling its medicinal product under a descriptive mark or generic mark which cannot cause any confusion. But even a descriptive or a generic
machines would be
suggestive marks, „Roller Blade and Weight Watchers‟ can be descriptive
marks and „Aspirin‟ would be a generic mark. It is emphasised that ... generic" element of marks
If a common portion of the two conflicting marks is a
public domain generic name, the emphasis of enquiry
should
there is no bar in claiming trade mark right in a mark derived from the generic word. This emerges from the reading of CADILA Judgment ... mark which would be protected like any other trade mark.
c. While determining the deceptive similarity of competing trade marks, the letters derived from generic
