Geep Flashlight Industries Ltd. v. Registrar of Trade Marks AIR 1972 DELHI 179

Geep Flashlight Industries Ltd. v. Registrar of Trade Marks AIR 1972 DELHI 179

 

FACTS

The plaintiff manufactures flashlights by the name of ‘Janta’ and file for registration, but the application was rejected on the grounds that it has no distinctive character, is not capable of distinguishing and is a word of ‘common use’.

ISSUE

Can the word ’Janta’ be registered as a TM ?

HELD

The word ‘Janta’ was neither adapted to distinguish nor in fact was capable of distinguishing the appellants goods (flashlights).

By seeking monopoly on the word ‘Janta’ the appellant was attempting to enclose as private property certain little strips of common Hindi language.

Hence the appeal was dismissed.

 

Video Summary https://www.youtube.com/watch?v=jhhBAABxhG0&list=PL-1DBVyVi7EaCojbQa5_XKBVJqA1y1REh&index=3