Charak Pharma Pvt. Ltd vs Glenmark Pharmaceuticals Ltd on 21 January, 2014
Author: S.J
been held as to what
trade marks are descriptive/generic and when descriptive/generic
trade marks can be said to acquire distinctiveness and secondary
meaning ... Trade
Marks, which is the only authority to be satisfied as to whether a
particular mark sought to be registered is a descriptive/generic mark
Merchandise Marks Act shall stand infringed by
use of an identical or deceptively similar trade mark also.
14. The trade mark "DIMMER ... registered trade mark, the same
gives to the proprietor of the registered trade mark the
exclusive right to use the trade mark with relation
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
mark is descriptive. It is further urged that defendants have
themselves applied for and got their mark registered in the United States.
The mark ... said submission in the given facts. Their
submission about the mark being generic has to be rejected.
15. I may now deal with the connected
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
also a generic term and widely used by several
hundreds of different owners. Some of the trade marks registered in
India with the word ... Actually, whether a particular mark is a generic mark or
portion of the mark is generic component is essentially a
question of fact. Further, what
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
produce cogent and clear evidence to show that it is generic mark
and is common to trade.
21. Before I proceed to decide these applications ... disputed trade mark it did not lie in its mouth to say
that the said mark was a generic expression."
Passing
registration of a mark, it is not permissible for the said party to
raise a plea that the mark is generic and is incapable ... relation to
food and beverages cannot be said to be a generic mark. Rather, the
same is an arbitrary and fanciful mark. Fanciful marks consist