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.
4 results
for “Descriptive Marks”
Godfrey Phillips India Ltd. v. Girnar Food & Beverages (P) Ltd.
A trade mark that is otherwise descriptive or laudatory of the goods is not, for that reason alone, incapable of protection in a passing off action; if the mark has, through long and extensive use, acquired a secondary meaning ide…
Descriptive MarksDistinctivenessGeneric MarksPassing OffTrade MarksITC 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 MarksKaviraj Pandit Durga Dutt Sharma v. Navaratna Pharmaceutical Laboratories
An action for infringement of a registered trade mark is a statutory remedy in which the use of a deceptively similar mark is itself actionable regardless of get-up, packaging or intent to deceive, whereas an action for passing of…
Acquired DistinctivenessDeceptive SimilarityDescriptive MarksInfringementTrade 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