Generic trademark cases in india

they infringe European intellectual property law (patents and trademark). by mainly Indian generic companies and were being imported by Brazil, Peru,  The Hon'ble Delhi High Court in its judgement dated January 3, 2013, in the case of M/S Three- N-Products Pvt. Ltd. vs M/S Kairali Exports and Anr., noted that protection of a generic word as a trademark requires a greater degree of proof and a lot more effort from the person claiming trademark rights over the mark.

28 Jun 2016 And the name itself wasn't descriptive as it had acquired a secondary meaning due by the Indian Council for Medical Research's review of medicinal plants. In another recent case relating to trademark it was seen that two  “It is a case of trademark infringement as well as disparagement of Dabur Amla,” objected to the Indian company using purple colour for the generic version. 28 Feb 2012 Ajinomoto had filed case against four Kolkata-based entities namely – Shri “Aji- No-Moto is a trademark and is not synonymous with the generic name subsidiary - Ajinomoto India Pvt Ltd - began operations in Chennai in  The concept of Trademark is not new in the Indian scenario. In such cases, the burden to prove infringement is upon the plaintiff, i.e. the registered (13) of the Trademarks Act 1999, strictly prohibits the registration of 'generic names' and  13 Feb 2018 A thorough guide on important aspects of Trademark Law in India explained through statutory provisions and case laws for a broader maker is a question of fact and is not determined by its being or not being descriptive[17]. 6 Jun 2019 The case was filed by Telecare Network India Pvt Ltd. The court directed trademarks ZEN and ZENMOBILE under the Trade Marks Act, 1999, and had Asus also argued that the mark “ZEN” was generic in nature, and said 

17 Aug 2018 The Madras High Court in the case of N. Ranga Rao & Sons v. India: Madras High Court on Defensive Trademark Registration and 'Brand' used in N. Ranga Rao's mark were generic words, which were not been used in 

25 Apr 2019 Genericide is a legal term used for 'generification.' 'A generic trademark' also known as genericized trademark or proprietary eponym, is a  The other side of the coin is where manufacturers try to carve out a unique image or brand value from common or generic words. Let us take the case of Bhole  12 Aug 2018 which the Trademarks Registry of India accorded them trademarks registration. In those cases, courts protect such marks through the principle of passing off. A trademark becomes generic when it no longer identifies a  19 Jul 2019 A trade mark infringement claim by Dish TV India, proprietors of the Dish TV of law as straightforward and settled as trade marks over generic words, The inquiry confronting the Court in this case can be broken down into 

In some jurisdictions, it even owns the right to the use of a shade of purple on chocolate wrappers. In India, it had registered three trademarks containing the word Eclairs (Chocolate Eclairs, Orange Flavoured Chocolate Eclairs and Chocolate Eclairs Pop). All three names were, however,

31 Aug 2018 Generic terms are not protected by trademark law, either in India or In certain cases, where a person is able to demonstrate that his mark has  26 Apr 2017 This case is very interesting for two reasons: First: The Court clarifies the law on The Plaintiff's, Mr. Sunil Mittal and Darzi (India) LLP claim to be the the use of a word as descriptive of services provided under a trademark, 

24 Jun 2019 was a seminal case in which Bayer lost its trademark for Aspirin to what experts now refer to as “genericide.” That 1921 case set the table for the 

Overland Inc. 10 the Court emphasised that "An originally non-generic, valid trademark becomes generic and invalid when the principal significance of the word to the public becomes the indication of the nature or class of an article, rather than the indication of the article's origin" .Genericide of trademarks is now a major concern for companies who fear that their trademarks may become victims to their own successes. Once a trademark becomes generic, the company loses all proprietary In certain cases, the courts in India have concluded that numbers do not have a distinctive nature attached to them, thereby, not qualifying to be a trademark. In the case of Radico Khaitan Ltd v. Carlsberg India Pvt Ltd , the Delhi High Court observed that “a numeral cannot be said to have a distinctive character.” Read Well-Known Trademarks in India: Law and Legalities. Trademark Passing Off. The Trademark Act, 1999 under Section 27 provides for the remedy of passing off for misuse of an unregistered trademark by the Defendant. It enumerates that no person shall be entitled to institute any proceeding to prevent infringement of an unregistered trademark. An Insight Into Descriptive Trademarks In India. May, 2016​. In theory, proving that a trademark, such as Choco Treats or Med-Aid, is descriptive of its goods or services sounds easy-done. However, in practice, the recent case Gufic Private Limited and Anr.

31 Aug 2018 Generic terms are not protected by trademark law, either in India or In certain cases, where a person is able to demonstrate that his mark has 

28 Jun 2016 And the name itself wasn't descriptive as it had acquired a secondary meaning due by the Indian Council for Medical Research's review of medicinal plants. In another recent case relating to trademark it was seen that two 

2 Apr 2018 In this article, the trademark infringement case between Guinness World Records (GWR) and Chery Automobile is cited as an example for  20 Jan 2020 Id. Generic marks – those that refer to “the genus of which the particular product is a In Booking.com, the United States Patent and Trademark Office (the “ USPTO”) refused to See Goodyear's India Rubber Clove Mfg. Co. v.