Imperial Tobacco Co. of India Ltd. vs. Registrar of the Trademark And Anr. 1968
FACT of the case
the appellant company applied for the registration of the word Simla as a trade for selling Tobacco before the registrar, but it was refused on the ground using the geographical name
Appellant company contention -
1. Geographical words are not an absolute bar Geographical words can be registered later if the company proves that the word has already acquired distinctiveness.
2. Simla doesn’t prejudice other local traders from there because, Simla is not the producer of tobacco so, the company is not prejudicing anyone.
3. The company has already given the affidavit from consumers, and sellers as evidence that shows the company’s acquisition of distinctiveness.
4. And there is no law which defines any specific period to attain distinctiveness.
ISSUE
1. whether the word Simla can be registered or not?
2. Whether the evidence shows that the word has acquired distinctiveness or not?
DECISION
As there is no absolute bar on geographical words, they can be registered if they have acquired distinctiveness or already have achieved secondary meaning or have less geographical significance or used as fancy words Then the word can be registered.
Simla is a prominent (famous) city so, this type of word can not achieve distinctiveness
General words cannot be registered no one can have a monopoly on such a word These types of words are used by everyone any particular person cannot establish domain on such a word.
Evidence decides the circumstances that the word has acquired distinctiveness or not and it also depends on consumer and sales.
Simla is imprinted with snow snow-clad hills mountain picture which indicates that it has geographical significance The court dismissed the appeal filed by the appellant company and held that the word Simla cannot be registered.
