mark.
[ Section 2(V) ]. A mark shall be deemed to be
deceptively similar to another mark if it so
nearly resembles that other mark ... generic
connotation of the abbreviation name, is still,
"generic".
"Acronyms of generic names are often used
interchangeably with the full generic name
proprietor of the mark „Ozone‟. The said argument is a
self defeating argument. Firstly, the mark „Ozone‟ is a
registered trade mark in favour ... defendant to contend now that the
mark is a generic mark, in fact the defendant is debarred
from raising such a plea in view
dispute that
the word 'Express' is generic word and has dictionary meaning.
Thus, such mark, which is capable of having dictionary meaning ... proprietor for the consumer to buy the goods or services. The
generic marks are descriptive of quality of the product and can
never give
using the trade mark
LYDROXIL and Ethylex is using the trade mark EDROXIL. Comed
Chemicals Private Limited is using the trade mark CODROXIL. Lupin
Laboratories ... preparation under
trade mark Enerjex . Adoption of trade mark Enerjase by
defendant for selling Ayurvedic
medicinal preparation. Prefix for both marks viz. Enerj is
common
written statement. It is an admitted fact that generic name PROPOFOL, both the marks of the plaintiffs and defendants are derived from it and, therefore ... Section 9(b) of the Trade Mark Act which prohibits the Page 138 mark having generic name.
24. It was submitted by the Ld. counsel
word. It is submitted that assuming
that the wordmark "Reliance" is a generic and descriptive word,
where the same is registered ... registered which is generic and / or common, can such person have
monopoly to use such generic word, solely on getting such generic
Page
mark, Section 11
examines the relationship between the proposed mark and
existing marks. The provision bars registration where the
mark sought to be registered ... mark which is not separately registered or is
not independently capable of registration, such as elements
that are descriptive, generic or otherwise non-distinctive
petty violations till it
assumes alarming proportions. A proprietor of a
trade mark need not to take action against
infringement which do not cause prejudice ... such as similarity of the two marks; the allegations
of the word "Gulab" being a generic and common dictionary word
term is qualified by a name and
whereas the mark / label is not the generic term, but name of a
person along with generic term ... person and seeking to use said proper noun and generic
name as his label / mark. Thus, the observations of High Court of
Andhra Pradesh, would
then, by this process of deconstruction, lift the generic
expression out of the mark, claim that it is 'prominent' or
'essential ... nature of the marks i.e. whether the marks are
word marks or label marks or composite marks, i.e. both
words and label works
