Cases On 9 (1) (A)
Cases On 9 (1) (A)
Cases On 9 (1) (A)
The trademark "SULEKHA" is a Hindi word which has a dictionary meaning i.e. a
person with good handwriting and is therefore, a descriptive word. The Court
observed that since "SULEKHA" is being used in relation to fountain pens, nibs etc, it
was a valid trademark.
5. Living Media India Limited v. Jitender V. Jain and Anr., 2002 VAD (Delhi) 161.
The issue before the court was- whether the name and style of "AAJ TAK" and its
logo is a generic term and as such is not the monopoly of any particular person either
in relation to the news programme or otherwise 5. The court observed that even if the
words "AAJ TAK" are descriptive in nature and even if they have a dictionary
meaning, together it is still coined word of the plaintiff and has acquired a secondary
meaning by virtue of prior, continuous and extensive use and therefore the
combination of the two words "AAJ TAK" cannot be used by any other user.