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The Churchur Naan Trademark Story

Posted By Admin on 24 May 2019

There cannot be any monopoly over the terms 'Chur Chur Naan' and 'Amritsari Chur Chur Naan' as they are "completely generic", the Delhi High Court has held.


It’s Instances like these that bring to light the flagrant abuses of trademark and strongarm tactics that competitors try to use to gain a monopoly over the market. Attempts to gain descriptive trademarks by claiming proprietorship.


As per section 9 in The Trade Marks Act, 1999

Absolute grounds for refusal of registration of trademarks include marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service.


Cases of the converse also arise when the trademarks may get diluted due to the brands name being used as a substitute for the product such as in the case of Xerox being used interchangeably for all photocopies.


It thus becomes imperative that a sound brand establishment/engagement and brand protection and copyright and trademark infringing prevention strategy be employed by organizations across channels.



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