Geep Flashlight Ltd. v. Registrar of Trade Marks (1972 Delhi 179)
Quick answer: what is this case brief about?
Delhi High Court rejected 'Janta' as a trademark for flashlights, ruling it was a common Hindi word lacking distinctive character and incapable of distinguishing goods:
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=PL1DBVyVi7EaCojbQa5_XKBVJqA1y1REh&index=3