"Energize-52" is a popular cough syrup manufactured since 2015 by "Jeevan Pharma Company". The trade mark "Energize-52" was registered in 2017, and almost seven years had expired from the date of its registration. This s

CS Executive · Economic, Commercial and Intellectual Property Laws · PYQS · December 2024
"Energize-52" is a popular cough syrup manufactured since 2015 by "Jeevan Pharma Company". The trade mark "Energize-52" was registered in 2017, and almost seven years had expired from the date of its registration. This syrup was highly popular among the consumers who asked for "Energize-52" over the other syrups available and the voluminous sales figures prove its widespread consumer recognition. In January 2024 "Jeevan Pharma Company" discovered that a new Competitor in the market had also launched a similar syrup under the brand name "Energize-T" using a logo and brand name that is deceptively similar to the registered trade mark of "Energize-52". In view of the above case, answer the following questions with support of relevant provisions of the Trade Marks Act, 1999: (iii) What defences can be raised by "Energize-52" to prove the distinctiveness of its trade mark ?

Answer & Explanation:

"Energize-52" can provide evidence that it had voluminous sales, was being manufactured since the year 2015 and was registered since the year 2017 and as seven years had expired from the date of the registration, the Registration of the trade mark was taken to be valid as per Trade Marks Act. Their mark has distinctiveness can be proved by providing the orders where the mark has been granted protection. The consumer asked for their product with all its essential and prominent features of the mark.

Topics: Trade Marks Act, 1999

Open in Interactive Practice Hub · Full Practice Hub · Chapter Weightage · More in this subject

Related Questions in this Topic