Hindustan Dev. Corp. v. Dep. Registrar of TMs (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=PL1DBVyVi7EaCojbQa5_XKBVJqA1y1REh&index=3