claim infringement.
(iii) Exclusivity cannot be claimed of descriptive, or generic,
marks, or parts of marks.
Signature Not Verified IA 8084/2019 in CS(COMM ... This principle would, however, not apply where the
descriptive, or generic, mark, or part of the mark, has acquired
distinctiveness, or a secondary meaning, invariably
mark registry states that the status of
the registration is "opposed". The examination report of the trade mark
registry stated that the mark ... mark "Ganesh" in relation to flour products in Class 30 from 2015 to 2021
the mark has been made more generic and common
mark has attained the status of 'well-known trade mark'.
Neither the defence of generic nature of the mark is sustainable ... distinctiveness in
the said mark. Thus, the submission on behalf of the petitioner
that the said mark being a generic expression, respondent no.3
cannot
having
themselves sought registration of the mark AMPM, cannot take the plea that,
the mark AMPM is generic.
(xvi) The reliance placed by the defendants ... others. A combination of two generic words, namely AM and PM, cannot
result in an arbitrary or non-generic mark. [See the judgment dated
Burnet Pharmaceuticals Pvt. Ltd. , wherein the Courts
have protected the mark ZINCOVIT against the mark
ZINCONIA wherein the word ZINCO is derived from the
common ... written
statement, however in written statement word LIV is a generic
mark and has become publici juris."
13. Hence, court noted a catenae
impugned mark by the
Defendants would suggest an association and a mistaken identity with
respect to the Plaintiff's mark.
21. Mr. G. Tushar ... following submissions:
21.1. The mark "GOOD DAY" is generic mark and is being used by several
other entities. In fact, the said mark
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
which are postulated under:
(a)infringing mark is identical or similar to the
registered mark;and
(b)such mark is used in relation to goods ... infringement of his mark either by applying Section
29(2) or Section 29(4) . The trade mark “CYCLE” being a generic word
and a common
which are postulated under:
(a)infringing mark is identical or similar to the
registered mark;and
(b)such mark is used in relation to goods ... infringement of his mark either by applying Section
29(2) or Section 29(4) . The trade mark “CYCLE” being a generic word
and a common
which are postulated under:
(a)infringing mark is identical or similar to the
registered mark;and
(b)such mark is used in relation to goods ... infringement of his mark either by applying Section
29(2) or Section 29(4) . The trade mark “CYCLE” being a generic word
and a common
