Indian Kanoon - Search engine for Indian Law

distinctive mark, a suggestive mark and a well known mark, then there is no question of pleading secondary meaning to its mark. It is only ... suggestive mark. The difference between categorization as generic, descriptive or suggestive is a follows:- * A generic mark can never be a trademark  22 * A descriptive

definitions relating to "certification trade mark," false trade description", "trade marks" appearing in Section 2 , sub-section (1) Clauses ... appertain only to specific goods and not to a generic class. No trade mark is or can granted in respect of a class of goods

injurious cycle. The threat of prescribing medication that is significantly marked up, over effective generic counterparts in lieu of such a quid pro quo exchange

claim any proprietary rights in the impugned mark under Section 18(1) of the Trade Marks Act, 1999 (hereinafter referred to as the ‘Act’). Registration ... Section 9 , the generic words cannot be registered as trade mark unless they have acquired distinctiveness and are 1 S.9 . Absolute grounds for refusal

Station under P.S. Azam Nagar. According to this witness, no blood mark was found at that place and that the dead body was lying ... concluded that D.N.A. profile to the exhibit marked ‘A” is generic produced of D.N.A. profile of exhibits marked

that Section 2(h) defines “deceptively similar” as a mark that so nearly resembles another mark as to be likely to cause confusion or deception ... secondary meaning”. 18.3. Section 11 prohibits registration of marks identical or similar to earlier marks for identical or similar goods or services, where a likelihood

copy of the bill, show cause notice was issued to A-7, marked as Ex.P-17. Ex.P-18 is the reply sent ... generic name Haloperidol, exclusively for hospital supplies and the cost of it has been printed in the price list. The same product  - 9 - is marked

being neither an invented nor specific word, has to be considered a generic word more particularly when thousands of persons and institutions are using ... others and pendency of the applications for registration under the Trade Marks Act, 1999 is inconsequential. The learned Single Judge then took cognizance

Plaintiff-Respondents is stated to have introduced the molecular preparation and generic drug “Propofol” in India, in respect of which an application had been filed ... extolment or laudation. It would be surprising if exclusivity is given to marks such as ‘bestsoap’ etc. Having said this, we must accept the reality

which wholly incorporates the appellant­plaintiff’s well­known trade mark and service mark “RENAISSANCE”. The appellant­plaintiff immediately instructed that an investigation be carried ... infringement, where the respondents­defendants’ trade mark is identical with the appellant­plaintiff’s trade mark, such a test would not be applicable. In support