THOUGH
ZEN IS A GENERIC WORD QUA A SCHOOL OF BUDDHISM, YET IT IS
NOT A GENERIC MARK WITH REGARD TO MOBILE PHONES.
22. There ... Consequently, though ZEN is a generic word qua a school
ofBuddhism, yet it is not a generic mark with regard to mobile phones and
tablets
argue that the mere use of
the mark does not constitute distinctiveness of the mark. For a mark to
CS (COMM) 1097/2018 Page ... applies for the registration of a mark is estopped from contending that the
mark is descriptive or generic. The relevant observations from Automatic
Electric (supra
monopoly on the use of the mark
THYROX. In cases when the marks are evolved from
generic drugs and/or parts of body organs ... such name or trade mark. When a proprietor adopts a
trade mark on the basis of name of generic drug or
ingredient, it will
mark GODREJ CENTRAL PARK/ on proposed
to be used basis. This trade mark was also published in the Trade Marks
Journal ... word
„CENTRAL PARK‟. The mark of the plaintiff is a composite mark
comprising petals of lotus and logo of generic word „CENTRAL PARK
abbreviation of a generic name, which still conveys to the buyer the original
generic connotation of the abbreviated name is still generic.
17. DH submits ... such other
marks in the market but the admission of the Respondent that his mark is not
similar to other marks with the word DISPO
whether the word
„PANCHARISHTA‟ is either a descriptive or a generic mark and whether
there can be any monopoly associated with the same ... descriptive marks, it was held as under:
"27. The spectrum of distinctiveness of marks clearly
explains how distinctiveness of marks is to be judged
gives to the proprietor by reason of the registration of
his trade mark do not extend to the parts or matters
which he disclaims ... CELKON.‟ The written
statement claims that the word MILLENNIUM is a generic mark. In the
counter claim, the Defendants prays for damages on the ground
Term" does not have any trade mark characteristic and is
generic to the insurance trade and part of common practice.
9.8 The Ld. Senior ... proprietor
cannot claim exclusivity in his trade mark or in the name which is derived from a
generic drug.
nitin 17/85
::: Uploaded
gain
monopoly over it by an individual. The abovesaid marks are
apparently generic to the trade. If a person starts using such a
common word ... where the defendant was restrained from
using the trade mark or service mark „naukari.com‟ as the plaintiff was
using the trade name as „naukri
same are distinguishable on facts. The
trade mark applications filed by the Defendants are for a device mark in
which the expressions `PAHARGANJ KE MASHOOR ... generic. If registrations are wrongly granted or applied for in
respect of completely generic expressions, the Court cannot ignore the
generic nature of the marks
