mark which is identical with or deceptively similar to the
trade mark in relation to any goods in respect of which the trade
mark ... Merchandise Marks Act shall stand infringed by
use of an identical or deceptively similar trade mark also.
14. The trade mark "DIMMER
highest protection is afforded to coined marks
followed by arbitrary marks, laudatory marks, descriptive marks and generic
FAO (OS) No.241/2014 Page ... cannot be read to include words/marks
which designate the quality, intended purpose or values, not generic to
the goods and services but unique
combination
of the two marks is different;
(n) that a comparison of the rival marks clearly establishes the two
marks to be completely different ... mark is registered, it cannot be said that the
word mark contained therein is not registered;
(D) "THE DARZI" is not generic
defendant is the prior user
of the mark in India.
(iii) The mark ENTERPRISE is a generic, dictionary and descriptive word
and not an invented ... Merchandise Marks Act
shall stand infringed by use of an identical or deceptively
similar trade mark also.
14. The trade mark "DIMMER
M/S. Itc Limited vs Nestle India Limited on 10 June, 2020
Equivalent citations: AIRONLINE
trade mark, not
only of the word mark "CREATIVE TOURS AND TRAVELS (I) PVT.
LTD." but also of the device mark as aforesaid ... reiterate, is not of the word mark CREATIVE but of a device
mark with the word marks "CREATIVE TOURS AND TRAVELS
Petitioner Astrazeneca‟s trade
mark „Meronem‟ since „Mero‟ which was common to both marks was a
generic word having its root in the active pharmaceutical ... artificial one. He wanted „ZID‟ which was the generic part of the marks to be
substituted by some other word like
other IPRs a trade mark is in fact a pseudo intellectual
property. This is for the reason that a trade mark is not respected ... spectrum of distinctiveness the following lineage appears
for a word mark:
GENERIC
DESCRIPTIVE
Lumax Industries Ltd. Vs. Autonix Petrochem Page 11 of 15
12
SURNAME
Ultra Tech Cement Limited vs Alaknanda Cement Pvt.Ltd. And Another on 28 June, 2011
applied for registration of the mark VIT, now they cannot said that the mark VIT is descriptive and generic word. Moreover, as observed earlier ... mark as 'well known mark'. Hence, the defence put forth by the defendants that since the mark VIT is a descriptive and generic
