Mere Descriptiveness - Law Dictionary Search Results
Home Dictionary Name: mere descriptivenessmere descriptiveness
mere descriptiveness Statutory basis for refusing registration of trademarks and service marks because the proposed mark merely describes an ingredient, quality, characteristic, function, feature, purpose or use of the specified goods or services. With regard to trademark significance, matter may be categorized along a continuum, ranging from marks that are highly distinctive to matter that is a generic name for the goods or services. Source: U.S. Patent and Trademark Office ...
Trade description
Trade description, means 'any description, state-ment, or other indication, direct or indirect, (a) as to the number, quantity, measure, gauge, or weight of any goods, or (b) as to the place or country in which any goods were made or produced, or (c) as to the mode of manufacturing or producing any goods, or (d) as to the material of which any goods are composed, or (e) as to any goods being the subject of an existing patent, privilege, or copyright, and the use of any figure, word, or mark which, accord-ing to the custom of the trade, is commonly taken to be an indication of any of the above matters.' A 'false trade description' means a trade description which is false in a material respect as regards the goods to which it is applied, and includes every alteration of a trade description, whether by way of addition, effacement, or otherwise, where that alteration makes the description false in a material respect, and the fact that a trade description is a trade mark, or part of a trade...
False trade description
False trade description means, for the purposes of the Merchandise Marks Acts, 1887 and 1926, a Trade Description (q.v.) which is false in a material respect as regards the goods to which it is applied, and includes every alteration of a trade description, whether by way of addition, effacement, or other-wise, where that alteration makes the description false in a material respect, and the fact that a trade description is a trade mark or part of a trade mark shall not prevent such trade description being a false trade description. See TRADE DESCRIPTION....
Person entitled to sell or procure the sale
Person entitled to sell or procure the sale, the expression 'person entitled to sell, or procure the sale' in s. 12(2) is merely descriptive of the person who is accountable under the said provision. The expression does not restrict the operation of the Act to the persons who have not yet sold the goods. The persons who have exported the goods to a foreign buyer are also excluded under s. 12(2). This conclusion is reinforced if clauses (a) and (b) of s. 12(2) are taken into account. It is also in consonance with the avowed object of s. 12 which is to ensure that the nation does not lose foreign exchange, M.G. Wagh v. Jay Engineering Works Ltd., AIR 1987 SC 670: (1987) 1 SCC 542: (1987) 1 SCR 798 [FERA, 1947, s. 12 (2)]...
Stigma
Stigma, denotes loss of confidence by the employer amount to 'stigma', Kamal Kishore Lakshman v. Pan American World Airways, AIR 1987 SC 229: (1987) 1 SCC 146.Stigma, is something that detracts from the character or reputation of a person, a mark, sign etc., indicting that something is not considered normal or standard (Webster's New World Dictionary), Dipti Prakash Banerjee v. Satyendra Nath Bose National Centre for Basic Sciences, (1999) 3 SCC 60.Stigma, is understood to be something that is detraction from the character or reputation of a person. It is blemish, imputation, mark or label indicating a deviation from a norm, mere description of background fact cannot be called as stigma. State of U.P. v. Ram Bachan Tripathi, AIR 2005 SC 3212.--in the absence of a statutory definition of the word 'stigma', its meaning as available in dictionaries. According to Webster's New World Dictionary it is something that detracts from the character or reputation of a person, a mark, sign, etc. in...
Descriptive
Tending to describe having the quality of representing containing description as a descriptive figure a descriptive phrase a descriptive narration a story descriptive of the age...
Description
Description, year of the make and the particulars of the model are part of the description, Subhash Chandra v. State of U.P., (1980) 2 SCC 324: AIR 1980 SC 800: (1980) 2 SCR 1024. [Motor Vehicles Act, 1939, s. 48(3)]Is a representation that gives to another a view of a thing intended to be represented....
Distinct matters and descriptions
Distinct matters and descriptions, in its popular sense, the expression 'distinct matters' would connote something different from distinct 'categories'. Two transactions might be of the same description, but all the same, they might be distinct, Member Board of Revenues v. Arthur Paul Benthall, AIR 1956 SC 35. [Stamp Act, (2 of 1899), ss. 4, 5, 6]...
description
description : a representation in words of the nature and characteristics of a thing: as a : a specification of the boundaries of a piece of land (as for a deed) b : an explanation of an invention in a patent application or printed publication ...
descriptive mark
descriptive mark : a trademark or service mark that conveys the idea of the qualities, characteristics, or effects of a product or service and that is protectable when it creates an association in the mind of the public between the mark and the producer or product or service ...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial