Search Indian IP Case Law
Judgments of the Supreme Court and the High Courts on patents, trade marks, copyright, designs and geographical indications — organised by Act and section, each with a link to the judgment on the court’s website.
2 results
· Section 30(2)(a) · trade-marks-act-1999
Trade Marks
ITC Limited v. Nestle India Limited
Common, laudatory or descriptive expressions used across an industry to denote the flavour or quality of a product cannot be monopolised by a single trader as a trade mark, even where that trader was the first to use the expressio…
Descriptive MarksGeneric MarksGoodwillPassing OffTrade MarksMarico Limited v. Agro Tech Foods Limited
A trade mark consisting of ordinary descriptive words remains vulnerable to a competitor's bona fide descriptive use under Sections 30(2)(a) and 35 of the Trade Marks Act, 1999, notwithstanding registration; such a mark attains pr…
Descriptive MarksDistinctivenessGeneric MarksPassing Off