sink into a common use? What are the tests of Publici juris? Upon whom lies the onus, in a contest, to prove the elements publici ... Mark was thus common to the trade. It was either publici juris from the outset, or it had later become so, and the Mark
respondent, the mark has lost its distinctiveness and has "become publici juris, Consequently the plaintiff/respondent herein has lost his exclusive right with respect ... trade mark owned by him nor the same has become publici juris nor can it be said that the respondent is trafficking in his trade
single Judge further held that the word "PIO" is publici juris and the plaintiff/applicant had no monopoly over the same and that ... there is no deceptive similarity and the word is a publici juris and the plaintiff has no monopoly over it.
24. Before we go into
mark. Thus, the trade mark "WOODS" has also become publici juris i.e. common to the public. However, the Respondent had changed ... trade mark is only "WOODS" which has become publici juris and that in the event of the Respondent have to discontinue the registered
lost their exclusive right of trade mark as it has become publici juris in the market.
It is not necessary to refer to the general ... expressly pleaded that the plaintiffs' trade mark had become publici juris and that the defendants were taking steps to rectify the Register of Trade
first respondent that “VAPO” is descriptive and
common to trade and “publici juris” cannot be accepted, as the mark
“VAPORIN” incorporates the very same element ... word “Vapour”
are descriptive and common to trade and publici juris in relation to vapour
based medicinal preparations.
(e)The petitioner's own promotional
passing off qua suit TM.
(e) Suit TM is clearly publici juris and therefore, plaintiffs cannot claim any exclusivity.
14 In the light ... next submission of defendant that the suit TM is publici juris. In support of publici juris argument advanced by the defendant, learned counsel for sole
derived from the chemical component Metoprolol and therefore, it is "publici juris" and generic. Both the products are in scheduled ... applied for registration, the respondent cannot raise a plea of "publici juris". TN-16 was filed as early as on 17.03.2003. The Legal
portion of the trade mark is by its very nature, generic, publici juris and common to the trade and no trader can claim exclusive rights ... pharmaceutical industry as a descriptive generic term and is "publici juris' and open to use by all.
8. The drug was launched
since the mark is common to the trade and qualifies as publici juris.
It was pointed out that Google runs an AdWord programme in which ... containing the word “Jodi” and asserted that the
word “Jodi” is publici juris. It was also pointed out that, at paragraph 15 of
the written
