marks, which are arbitrary or fanciful,
have higher level of legal protectability. If a person adopts a mark,
which is generic or descriptive in nature ... which is generic or
descriptive, cannot claim legal protectability for the mere asking. It is
not that a generic or descriptive mark will never have
mark
'ROCKWOOL', which by itself is a conduct which deprives the defendant
from arguing that the mark is generic. The Defendant has further ... registration of the
mark 'ROCKWOOL', it cannot try to take advantage of an argument that
the mark is generic. This is the settled
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
parte
injunction.
18. The test of finding a mark being generic is if on the day when the
mark was adopted whether it was general ... DISPOSAFE using the prefix DISPO then can he urge the said mark is
generic? Rather plaintiff has filed seven applications for DISPO
formative marks, hence
mark SANDHEE SUDDHAM and
hence, cannot claim that SANDHI is a generic mark.
15. In this context reference may also be had to the judgment ... nature of the marks i.e. whether the marks are word
marks of label marks or composite marks, i.e. both words and
label works
that DIMMER is a generic expression. Inparagraph 16
this Court held as follows:-
"16. The defendants got their trade mark "DIMMER ... said
submission in the given facts. Their submission about the mark
being generic has to be rejected."
22. This court in Procter & Gamble
registration enumerated under Section 9 of the Trade
Marks Act, 1999, being non-distinctive, descriptive or
generic."
with respect to the invalidity ... mark and in the mark
of the defendant and having also pleaded that the mark of the defendant is
non-distinctive, descriptive or generic
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
Trade Marks Act, 1999, cannot be read to include
words / marks which designate the quality, intended purpose or values, not
generic to the goods ... defendant had also applied for registration, the
plea of the mark being generic was not open to it; and, b) that the plaintiff
commenced
artificial one. He wanted
'ZID' which was the generic part of the marks to be
substituted by some other word like ... Limited where
'Mero' was identified as the generic part of the mark
derived from the active pharmaceutical ingredient. In
the first place
