IP Case Law › Trade Marks › Kaviraj Pandit Durga Dutt Sharma v. Navaratna Pharmaceutical…
Relevant Acts and provisions
Trade Marks Act, 1940
Section 10(2)Section 21Section 6(1)(d)Section 6(3)
Provisions considered: Sections 6(1)(d), 6(3), 10(2) and 21 of the Trade Marks Act, 1940.
Brief facts
Navaratna Pharmaceutical Laboratories had used and registered the mark Navaratna for ayurvedic pharmaceutical preparations since the 1920s. The appellant began using Navaratna Kalpa for similar ayurvedic products and applied for its registration, which the respondent opposed.
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Keywords
Acquired Distinctiveness Deceptive Similarity Descriptive Marks Infringement Passing Off
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