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result in
conferring an undue monopoly to a generic/descriptive word.
There are several marks which are used ... invented word but is a generic/descriptive word used
in common parlance. This is further proved by the fact that
Supreme Court of India
plaintiff is
Tea City Label with the descriptive words "SUPER CUP" and SUPER.
(iii) The trade mark of the defendant ... with device of snow covered mountain and with the descriptive words
SUPER CUP TEA.
(iv) Neither the plaintiff nor defendant
Delhi High Court
also stated that the word PLASTINDIA is a
descriptive word and it denotes the Plastic Industry of India ... standards and permitted to say that
it is a descriptive word.
6) The trade mark adopted by the defendants
Delhi High Court
word
"SPASMO" is not a generic word or descriptive word and in fact it is
part of the registered trade ... trade mark; (2) whether the word "SPASMO"
is descriptive word or a generic word? (3) Whether phonetically and
structurally
Madras High Court
defendant, permits
use of the words or expression which are descriptive of the character and quality of goods
and services ... ―LOW ABSORB‖ which is descriptive of the goods in question. The
defendant is using the words ―LOW ABSORB‖ only
Delhi High Court
defendant would be dishonest unless it uses the descriptive
words in an insignificant way as part of a sentence only ... mark is in
fact a mere tweak of a descriptive word
indicative of the kind, quality, intended
purpose or other
Delhi High Court
connected with incense sticks of Agarbathis.
The word Eenadu has dictionary meaning in Telugu and Kannada as "this
time" "this ... cannot claim monopoly in respect of
such a general descriptive word. The plaintiff has not registered the
trademark
Andhra High Court
defendant, permits
use of the words or expression which are descriptive of the character and quality of goods
and services ... ―LOW ABSORB‖ which is descriptive of the goods in question. The
defendant is using the words ―LOW ABSORB‖ only
Delhi High Court
crucial word in the trade mark was
only a descriptive word in regard to which the respondent
could obtain ... other words
"Pharmaceutical" and Laboratories" which were ordinary
English words descriptive of the place where medicines were
prepared could
Supreme Court of India
offened s.
12(1)--'DROPOVIT' whether a descriptive word or an
invented word for the purpose ... whether the word 'DROPOVIT'
was an invented or a descriptive word for the purpose
Supreme Court of India
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