M/s Hindustan Development Corporation Ltd v. The Deputy Registrar of Trade Marks AIR 1955 CAL 519
FACTS
The appellant company applied for a trademark registration for the word ‘Rasoi’ for their oil, which was rejected by the Deputy Registrar of Trademarks.
ISSUE
Whether the word ‘Rasoi’ has a direct reference to the character or quality of the goods and hence cannot be registered as a TM under S.6(1)(d) of the TM Act.
HELD
The word ’Rasoi’ directly refers to the character and quality of product
Even if it didn’t, it was not distinctive.
Common words like Rasoi cannot be monopolized as trademarks unless they have lost their primary meaning and become associated with specific products through long usages.
Video Summary https://www.youtube.com/watch?v=jhhBAABxhG0&list=PL-1DBVyVi7EaCojbQa5_XKBVJqA1y1REh&index=3