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
monopoly on the use of the mark
THYROX. In cases when the marks are evolved from
generic drugs and/or parts of body organs ... such name or trade mark. When a proprietor adopts a
trade mark on the basis of name of generic drug or
ingredient, it will
Charak Pharma Pvt. Ltd vs Glenmark Pharmaceuticals Ltd on 21 January, 2014
Author: S.J
that the mark is inherently distinctive, i.e.,
not descriptive. I believe, prima facie, that the Plaintiff's mark is
generic and commonly descriptive ... anything
else. But that does not make it a trade mark. Being generic,
commonly descriptive and an Internet address, the slightest
differentiation is enough. Absent
monopoly on the use of the mark THYRO. In cases
when the marks are evolved from generic drugs and/or parts of body organs ... mark ANTI THYROX and not the word / mark THYROX. The
Defendants' products are sold under the mark LETHYROX. The mark has been
coined
coined the mark MONTINA but has not raised a
specific plea to prove that the mark is generic, and therefore the Plaintiff does not
have ... question the distinctive character of the mark of
the Plaintiffs or the validity of the mark. The mark of the Plaintiffs
constitutes a composite invented
reiterating the position that the mark
Netmycin is distinctive and it distinguishes
Respondents mark Netmycin from all other marks
containing Mycin, Micin ... statutory right to use that trade mark. The
Appellants have adopted their trade mark
NETROMYCIN from the generic drug name
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statutory right to use that trade mark. The Appellants have
adopted their trade mark NETROMYCIN from the generic drug
name Netilmicin. When a trade mark ... such name or trade mark. When a proprietor adopts a trade mark
on the basis of name of generic drug or ingredient, it will
granted. It is his contention that a part of a mark which is
generic/ non distinctive must be discounted in over all
assessment with ... comparison and
the likelihood of confusion of the competing marks, prima facie
viewed the marks visually and phonetically were found to be
dissimilar
mark has attained the status of 'well-known trade mark'.
Neither the defence of generic nature of the mark is sustainable ... distinctiveness in
the said mark. Thus, the submission on behalf of the petitioner
that the said mark being a generic expression, respondent no.3
cannot
