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
for “Distinctiveness”
Trade Marks
ADS Spirits Pvt. Ltd. v. The Registrar of Trade Marks
Section 9(1)(a) of the Trade Marks Act, 1999 proscribes registration only where a mark is devoid of distinctive character, that is, incapable of distinguishing the goods or services of one person from those of another; it does not…
Absolute Grounds for RefusalArbitrary MarkDistinctivenessNon-speaking OrderTrade MarksNew Balance Athletics Inc. v. Astormueller AG and Ors.
Registration of a mark is no defence to a passing off action, since rights under Section 27(2) are independent of and override the bar in Section 28(3) on one registered proprietor suing another for infringement. Registration mere…
Anti-Dissection RuleDeceptive SimilarityInitial Interest ConfusionPassing Off