mark BIOCHEM
by the third parties for pharmaceutical products.
3.9 Defendant is estopped from claiming that the mark is generic, after
having itself applied ... mark „ALDER
BIOCHEM‟ has been objected by the Trade Mark Registry. Further, qua the
defendant‟s trademark application no. 4495449 for the device mark
generic name. As regards the contention of 'SMITH' being a generic
name and there being various marks in that regard, it was contended ... generic, marks, or parts of marks.
(iv) This principle cannot be avoided by merely
misspelling the descriptive word, or descriptive
part of the mark
taking this Court through the various marks of third
parties, he would contend that the mark has become generic to the trade and
when every ... plaintiff has abandoned the mark.
18. The second contention of the defendant is that the mark in
question has become generic and common to trade
mark. The defendant is the prior user of trade mark
"SVT HOTEL SPECIAL" for Asafoetida since 1990. The
disputed trade mark contains generic ... well
well-known trade mark?
(iii) Whether the trade mark in dispute is prima
facie generic or non-distinctive in character?
(iv) Whether the defendant
film, for which the
said term can never be considered as generic. The mark 'Aashiqui' is a
strong trademark which is neither generic ... analyse how they apply to the
mark "Aashiqui".
20. A generic term refers to the common name of a product or service
mark as deceptively similar by examining a
portion of the mark and comparing it with the portion of another mark
when the marks if compared ... registration for the mark 'DD Free Dish', it cannot be
heard to say that the said mark is generic / publici juris. The judgments
written
statement, however in written statement word LIV is a
generic mark and has become publici juris. Therefore, the
findings arrived at by the learned ... marks are to be compared as whole. Therefore, the
presence of the mark LIV which is an essential feature of
the mark Liv.52 shall
Class 35 has
been wrongly granted registration as the said mark is a generic term for a
place, which serves Steaks. Thus, it is submitted ... over the term STEAKHOUSE which is a generic term. By
securing a generic mark, the respondent no. 2 has blocked the register and is
creating
claim any application/user of the mark yet.
9. Allowing the appellant to have registration of such a mark, in the opinion
of this Court ... appellant to register
PRIMERELIEF would amount to monopolizing a highly generic mark, which
otherwise has resonance for almost all pharmaceutical products
10. In view
marks
"FARMAX" and cited marks "FORMAX" and "FARMOX".
13. The fact that the two cited marks existed ... selling milk, as also Nandini/Nandhini was stated
to be a generic mark being the name of a God and a cow in mythology, which
