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
mark
'ROCKWOOL', which by itself is a conduct which deprives the defendant
from arguing that the mark is generic. The Defendant has further ... registration of the
mark 'ROCKWOOL', it cannot try to take advantage of an argument that
the mark is generic. This is the settled
Arbitrary, fanciful and invented marks,
ii. Suggestive marks,
iii. Descriptive marks,
iv. Generic marks.
8. The spectrum of distinctiveness of marks has been the subject ... distinctiveness of marks clearly
explains how distinctiveness of marks is to be judged.
The spectrum as explained in McCarthy on 'Trade Marks
and Unfair Competition
Defendants that the mark 'BURGER KING' is
a generic mark and common to the trade, therefore the same cannot be
registered.
21. This ... trademark
'BURGER KING' is generic.
22. The plea of the Defendants that the mark 'BURGER KING' is prima
facie liable
Defendants that the mark 'BURGER KING' is
a generic mark and common to the trade, therefore the same cannot be
registered.
21. This ... trademark
'BURGER KING' is generic.
22. The plea of the Defendants that the mark 'BURGER KING' is prima
facie liable
Defendants that the mark 'BURGER KING' is
a generic mark and common to the trade, therefore the same cannot be
registered.
21. This ... trademark
'BURGER KING' is generic.
22. The plea of the Defendants that the mark 'BURGER KING' is prima
facie liable
Defendants that the mark 'BURGER KING' is
a generic mark and common to the trade, therefore the same cannot be
registered.
21. This ... trademark
'BURGER KING' is generic.
22. The plea of the Defendants that the mark 'BURGER KING' is prima
facie liable
whether the word
„PANCHARISHTA‟ is either a descriptive or a generic mark and whether
there can be any monopoly associated with the same ... descriptive marks, it was held as under:
"27. The spectrum of distinctiveness of marks clearly
explains how distinctiveness of marks is to be judged
unfair trade practice, rendition of accounts, etc., in respect
of the marks 'PRO-BOXING LEAGUE' and 'INDIAN PROFESSIONAL
BOXING ASSOCIATION (IPBA ... NEUTRAL CITATION NO: 2022/DHC/002878
BOXING LEAGUE' is a generic mark and is liable to be rectified. This is
the only defence which
that 'SCHEZWAN CHUTNEY' is a
descriptive and a generic mark. Furthermore, Mr. Gupta ld. Counsel, argues
that the Respondent ... arises is whether Respondent No. 1's mark
'SCHEZWAN CHUTNEY' is descriptive/generic, and would be hit by
Section
