Bombay High Court, in support of
his contention that even the generic marks can be entitled for
injunction.
23. In Automatic Electric Limited ... injunction
against the defendant from using the mark 'GAT P'. Both these marks
were used for eye drops. The defendant therein, claimed that
Trade Marks Registry raised objections
under Section 11 of the Trade Marks Act, 1999 (the Trade Marks Act . With
specific reference to the device mark ... nature of
its mark and represented that the mark was distinguishable for that reason.
The plaintiff also asserted that the composite mark had acquired
mark is phonetically and conceptually similar to the plaintiff‟s
registered trade mark "ZIPOD" and the use of the mark "ZOYPOD ... having itself obtained the
registration of the mark, is estopped from contending that such mark is
generic and publici juris in nature. In support
Arbitrary, fanciful and invented marks,
ii. Suggestive marks,
iii. Descriptive marks,
iv. Generic marks.
8. The spectrum of distinctiveness of marks has been the subject ... distinctiveness of marks clearly
explains how distinctiveness of marks is to be judged.
The spectrum as explained in McCarthy on 'Trade Marks
and Unfair Competition
2022/DHC/004808
and an arbitrary mark, entitled to high degree of protection. Use of the
registered mark by the Appellants as a trademark, amounts ... registered trademark 'HAIR SPA' on the ground that
the mark is generic, descriptive and common to trade and thus the
question is whether
identical or deceptively similar marks.
Per contra Defendants', on the other hand, have given no
explanation to adopt the mark MINDA apart from ... open to them to contend
that MINDA is a generic mark after they have themselves
applied for its registration in different forms. Reliance was
placed
proprietor of the mark „Ozone‟. The said argument is a
self defeating argument. Firstly, the mark „Ozone‟ is a
registered trade mark in favour ... defendant to contend now that the
mark is a generic mark, in fact the defendant is debarred
from raising such a plea in view
marks which are arbitrary or fanciful. It is settled law that a
person/entity who adopts a mark, which is a generic/descriptive,
runs ... impugned trademark
NUAPPLEPLANT, is estopped from contending that Plaintiff's
mark is generic.
c) Contention of the Defendant that Plaintiff has made an attempt
other entities offering products that provide energy or speed. The mark
VOLT is not visually, phonetically or structurally similar to BOLTS. The
plaintiff ... generic, (2) descriptive, (3) suggestive, (4) arbitrary or
fanciful. The lines of demarcation, however, are not always bright...”
A generic mark is one which describes
Date:08.10.2022
19:16:27
taken the objection that the impugned mark was generic or descriptive,
the Court can still examine the issue whether ... registered trade mark, the same gives to
the proprietor of the registered trade mark the exclusive
right to use the trade mark with relation
