using the Appellant's
Marks and goodwill. Hence, the assertion that the Mark 'HAVELI' is
generic is untenable. The learned Counsel ... HAVELI' formative Marks and while opposing the
registration of the Impugned Marks and other registered Trade Marks having
'HAVELI' as part
Company
engaged in the business of generic pharmaceuticals and
wellness products. Defendant claims to be using the mark since
17 years without any objection ... Glucose-C' are generic and commonly used by
several reputed manufacturers. Many registered marks wherein
'Glucose-D' are part of the label
registered Device Mark of the
Plaintiff, the Plaintiff cannot claim monopoly on the Mark 'YATRA' as the
same is generic, commonly descriptive ... disclaimed portions. The Plaintiff's
registered marks are Device Marks and not Word Marks. Hence, no
infringement can be brought merely because
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 ... mark was coined.
Irrespective of the merits of the explanation, it is clear that 'Liv.52', as
a whole mark, is not generic
classified into about five
categories: invented, arbitrary, suggestive, descriptive, and generic.
A trade mark is said to be inventive, when it uses words or other ... mark describes a product or service category, it is
considered generic. Descriptive and generic marks are not permitted
to be registered as per Section
classified into about five
categories: invented, arbitrary, suggestive, descriptive, and generic. A
trade mark is said to be inventive, when it uses words or other ... mark describes a product or service category, it is
considered generic. Descriptive and generic marks are not permitted
contended that under section 17 of the
Trade Marks Act, 1999 the generic or non distinctive element within a
composite mark cannot be monopolized individually ... common to the trade and presence of
shared or generic work in both marks does not justify finding of
deceptive similarity. There is no phonetic
VOLVO
PENTA‟ marks in favour of the plaintiffs, is rejected.
46. The submission of the defendant that the mark PENTA is generic ... themselves, applied for the mark „PENTA‟, asserting
proprietary rights in the same, are precluded from challenging the mark
„PENTA‟ as generic. Reference in this regard
that the effect of naked licensing is that the mark becomes
generic. It was codified as a form of 'involuntary abandonment', distinct ... generic or becomes incapable of acting as a trademark, the
applicant cannot claim any legal right or character into and upon such a
generic mark
mark 'LONDON PRIDE', constitutes a hybrid and
untenable pleading. Each mark must be assessed independently, and
cherry-picking generic or unregistered features from ... registered Device Mark of the Plaintiff, the Plaintiff
cannot claim monopoly on the Mark 'YATRA' as the same is generic,
commonly descriptive
