mark registry states that the status of
the registration is "opposed". The examination report of the trade mark
registry stated that the mark ... mark "Ganesh" in relation to flour products in Class 30 from 2015 to 2021
the mark has been made more generic and common
Mark "Walker" and/or
"Morning Walker". This mark was adopted by the plaintiff/petitioner
in July 1995 and such mark ... established the mark has been registered and so also the copy right
and if the mark is not found to be generic word the order
mark would be entitled to protection if it had
assumed a secondary meaning which identified the mark with a particular
product or the mark being ... meaning.
The mark in that case was 'Whip Topping'. Such mark was a part of the plaintiff's
mark 'Rich
from using the trade mark 'Glucose-D' or
any other trade mark deceptively similar to the registered trade mark 'Glucon ... Glucose-D has
been registered as a trade mark. If a mark is registered, defence of generic term
cannot be taken. Our attention was invited
defendant using the prefix of the aforesaid registered marks. The adoption of the mark 'Odoja' by the defendant is motivated and is calculated ... infringement of the mark itself to use that word as the mark, or part of the mark, of another trader."
15. I have
that if the proponent
of an alleged trade mark itself uses the term in a generic sense or as a
descriptor, this in itself ... McCarthy on 'Trade Marks and Unfair Competition' the aspect of
distinctiveness of marks has been illustrated as follows:
GENERIC : Least Distinctive
↓
DESCRIPTIVE : Secondary
generic name and no one can or could have a mark
on a generic name. The defendant/respondent then refers to an affidavit filed ... plaintiff/petitioner before the trade mark registry when the registration of
plaintiff's/petitioner's trade mark "LOTUS POWER OF NATION
fact of registration of the
mark there is no document to show that the use of the mark 'Ayur' has
been established ... more apposite for word marks and clause (b) the more appropriate
for device or label marks. It is an entirely different matter, however, that
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 ... record to show
that it is a generic name, the Court must recognize that a registered trade mark
holder is enjoying an exclusive and statutory
regarded as generic words common to the trade the appellant is entitled to registration of the whole of the Trade Mark proposed for registration, subject ... become generic term. But it is admitted in the affidavit of Mr. Green that the appellants mark has been in effective user in India only
