film, for which the
said term can never be considered as generic. The mark 'Aashiqui' is a
strong trademark which is neither generic ... analyse how they apply to the
mark "Aashiqui".
20. A generic term refers to the common name of a product or service
impugned mark by the
Defendants would suggest an association and a mistaken identity with
respect to the Plaintiff's mark.
21. Mr. G. Tushar ... following submissions:
21.1. The mark "GOOD DAY" is generic mark and is being used by several
other entities. In fact, the said mark
Marks,
praying for the registration of a trade mark consisting of the expression
"SMART CITIES INDIA" with proposed to be used mark ... SMART CITIES INDIA" is not
distinctive in nature, it is generic mark in nature. moreover it is proposed to
be used mark so benefit
publici juris and are descriptive of the generic substance. Defendant has
been using the mark for last five years and has applied for trademark
registration ... Page 28 of 37
marks. In the present case there is an overall similarity and resemblance of
the two marks. This aspect
vide
trademark registration No. 2892712. Thus, the mark should be protected
under the provisions of the Trade Marks Act and Rules.
10.3. 'OTRI ... manner in which Respondent No. 1 adopted the
mark--claiming 'OTRI' to be generic, yet using it competitively--casts
doubt on the bona
PINO'Z and LA MILANO, and ending
the mark with the generic word 'PIZZA', shows the dishonest
intention of the Defendant ... injunction in
I.A. 8372/2021, contending that the Plaintiffs' marks are generic expressions
and/or descriptive words commonly used by various businesses
Petitioner's mark "MANKIND". The mark adopted by Respondent No.1 is
different from the Petitioner's mark. Petitioner may have ... 2024 at 21:14:26
mark "KIND" as a family mark since "KIND" is a generic word and
Petitioner cannot claim
There is no distinctiveness in the Plaintiff's mark "TSL
TIRUPATI", being generic, and thus the Defendant's adoption ... Defendant
using a confusingly similar mark, including the disclaimed element, as the
overall impression of the marks is similar enough to cause confusion. The
presence
does not sell their products under the said mark. Rather,
products are sold under the mark "PMS PRO MUSCLE SCIENCE", which
is neither identical ... distinguish the competing marks for
unwary consumers.
13. The Defendants' contention of Plaintiff's mark being generic and
descriptive is also devoid
Inder Raj Sahni Proprietor M/S Sahni ... vs Neha Herbals Pvt. Ltd. And Anr on
