AIR 1955 CALCUTTA 519 ::59 Cal WN 320 ::ILR (1956) 2 Cal 738

Calcutta High Court

Hon'ble Judge(s): A. K. Chakravarty , C.J. AND D. N. Das Gupta, S. R. Das Gupta , JJ

(A) Trade Marks Act (5 of 1940) , S.6(1)— Scope and applicability. Sub-section (1) of S.6 is couched in the negative form. Its effect is that in order to be eligible for registration a mark must contain at least one of the particulars so specified. In other words, the absence of any one of the particulars will disqualify the mark for registration though the presence of any one of them will not, ipso facto, make the mark eligible for registration. Sections 8, 9, 10 and 14 (1) lay down certain other matters which may be taken into consideration in directing registration of a trade mark.(Para 7) (B) Trade Marks Act (5 of 1940) , S.6(1)(d)— Mark, whether has reference to character or quality of goods - Considerations. In considering whether a mark has reference to the character or quality of the goods, the mark must be looked at, not in its grammatical significance, but as it would represent itself to the public at large. Such a question is a practical question to be decided by the common understanding of the term among those, who used it or have occasion to use it in the course of their daily lives and not by what may be recondite meanings to be found in dictionaries.(Para 8) ....