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Principle: Words describing quality of things cannot be registered as trade mark. However, such words may be registered as trade mark if they acquire a secondary meaning. Words acquire secondary meaning when people start associating the descriptive words with a person specific.
Facts: A hatchery located in Raipur is owned by ‘X’. X has been using the slogan “new laid eggs sold here” since 1970 to describe the quality of eggs sold in his hatchery. Over a period of time because of continuous use of this slogan, people started associating this slogan with X. X filed an application for registration of the words “new laid eggs” as trade mark in the year 1970.
The words will be registered as trade mark
The words will not be registered as trade mark
The words may be registered as trade mark
The words may not be registered as trade mark
There is insufficiency in the principle and facts provided. The principle only state what can be registered as a trademark but is silent on the legal technicality of registration. Answer is option 2 because it is the most appropriate with regards to the principle.
By: SANAT DATT BHARDWAJ ProfileResourcesReport error
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