name the drug by the name of the organ or
ailment which it treated or the main ingredient of the drug. The name
of such ... name a
drug by the name of the organ or ailment which it
treats or the main ingredient of the drug. The name
marketed if these are labelledonly with their respective proper names, namely, the scientific name by which the respective drug would be known invarious pharmacopoea ... recommendations ofthe Hathi Committee, namely that the drug formulationsmarketed under the brand names should henceforth bemarketed under generic names or scientific names, did notaccept
generic
connotation of the abbreviation name, is still,
"generic".
"Acronyms of generic names are often used
interchangeably with the full generic name ... when the adaptation of
the name has its origin from a genesis name, the user
of the brand name cannot take the advantage of such
right to
exclusive use of a mark originating from a common generic name is
limited, learned counsel submitted that the only difference between
the appellant ... appellant
contended that both the trade marks are derived from the generic
name 'amoxycillin'; that a mark derived from a generic name
medicines
in generic terms. The substance of the
aforesaid publications is that the medicines
should be prescribed by their generic names
and it is internationally ... mention of
generic medicines in EML-2005 would not be
a shelter to avoid prescribing the medicines
in generic names as decided by the ethics
Rules, 1991 to the extent of preventing use of common or generic name of the oils used for preparation on the package or containers ... manner restricting the petitioner from using the common or generic name of the oil on the container, receptacle, pouches, packages, etc. in marketing the Blended
name which is not in common use, and therefore, would be a
`fancy' name. In any event, `Eenadu' is not generic ... that his complaint as to name being
generic can only arise qua product using generic or descriptive
name. It is nobody's case that
origin. The terms "generic" and "trade mark" are mutually exclusive ... The concept of "generic name" and "trade name ... generic connotation of the abbreviated name, is still, "generic".
"Acronyms of generic names are often used interchangeable with the full generic name
generic", it can never function as a mark to identify and distinguish the products of only one seller.
An abbreviation of a generic name ... therefore generic and common to the trade, as describing the product meant for giving energy. A generic name of a product can never function
brand having a lesser price but having the same generic name the former. The two brands, however, had identical packet designs and colour scheme ... reduction in prices. The brands continued to be advertised by their generic names. The smoking population was left totally unaware about the launch
