Descriptive Mark - Judgment Search Results

Marico Limited Vs. Agro Tech Foods Ltd.

Court: Delhi

Reported in: LC2010(2)14

..... permitted user can exercise his rights if the registered mark is valid iv a descriptive mark can be registered provided it has acquired secondary meaning ..... judgment is distinguishable it did not deal with a descriptive marks and the concomitant legal issues which arise in the instant ..... there was no issue before the court involving a descriptive mark the judgment in my view is distinguishable on facts .....

Park N' Fly Inc. Vs. Dollar Park and Fly, Inc.

Court: US Supreme Court

..... proved the basic purposes of the act the unambiguous congressional command that no merely descriptive mark should be registered without prior proof that it acquired secondary meaning and the broad ..... the legislative history indicates that congress decided not to deny incontestable status to merely descriptive marks and 3 the practical value of incontestable status would be nullified if the defense .....

M/S Girnar Food and Beverages Vs. M/S Godfrey Phillips India Ltd.

Court: Delhi

Reported in: 90(2001)DLT839; 2001(2)RAJ289

..... edition where it is observed that super blend and super gel were held to be descriptive marks he has in particular relied upon at page 11 10 of mccarthy wherein it has ..... 1994 edition at p 11 39 has listed the marks super blend for motor oil and super gel for shaving gel as descriptive marks in our view the instance of super blend for .....

Pidilite Industries Limited and Another Vs. Vilas Nemichand Jain and A ...

Court: Mumbai

..... acquired distinctiveness at the hands of the plaintiff but necessarily given that it is a descriptive mark also show that it has acquired tilde a secondary meaning trade dr tulzapurkar for ..... industry or other trade or professional associations 20 on the necessity of establishing that a descriptive mark has acquired a secondary meaning the decision of a single judge of the delhi high .....

Consim Info Pvt. Ltd., Vs. Google India Pvt. Ltd., and Others

Court: Chennai

..... any consumer iii to the proposition that injunction cannot be granted in respect of purely descriptive marks because it will lead to the very monopoly that trademark law seeks to prevent the ..... g injunction cannot be granted in respect of purely descriptive mark and the effect granting injunction relief in respect of a purely descriptive mark is that the registered proprietor obtains a monopoly over .....

Consim Info Pvt. Ltd. Vs. Google India Pvt. Ltd.

Court: Chennai

..... and hence there is no protection mccarthy s desk encyclopedia of intellectual property defines a descriptive mark as a word picture or other symbol that directly describes something about the goods or ..... the impression and significance which are conveyed to the public whether words or marks claimed as trade marks are descriptive or whether they are suggestive or arbitrary and fanciful must be decided .....

(India Tv) Independent News Service Pvt Limited Vs. India Broadcast Li ...

Court: Delhi

Reported in: LC2007(2)396; 2007(35)PTC177(Del)

..... as in the case of the geographical names is that a descriptive mark may be granted protection where the same has assumed a secondary ..... service pvt ltd case supra was again concerned with the descriptive mark but the same was being used by all co operative ..... pipes case test of distinctiveness in case of generic and descriptive names mark india tv would not immediately lead any person to connect .....

Ram Rakhpal Vs. Amrit Dhara Pharmacy and ors.

Court: Allahabad

Reported in: AIR1957All683

..... case z 5 supra that a trade mark sought to be registered under paragraph e may be a descriptive mark he stated at page 426 that an ..... applied to the particular case that it is obviously non descriptive vide in re trade mark no 58 405 bovril 1896 2 ch 600 u lindley ..... name the difference between use cf a word as a trade mark and as a description of the goods was pointed out in the diamine case c .....

T.V. Venugopal Vs. Ushodaya Enterprises and anr.

Court: Andhra Pradesh

Reported in: 2001(2)ALT42

..... an ordinary man of average intelligence should be kept in view h in case of descriptive mark the plaintiff has to prove secondary meaning i the plaintiff will be denied the relief ..... is the impression and signification which are conveyed to the pubic whether words or marks claimed as trademarks are descriptive or whether they are suggestive or arbitrary and fanciful must be decided with respect .....

Anil Verma vs.r.k. Jewellers Sk Group & Ors.

Court: Delhi

..... industries limited and ors supra lays down the test for determining as to whether a descriptive mark has acquired a secondary meaning the said judgment does not deal with a case where ..... having filed applications for trademark registrations are estopped from arguing that the plaintiff s marks are descriptive generic he relies on the following judgments automatic electric limited v r k dhawan .....