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Rajeev Maini (MD)     24 September 2014

"super" a mystery

As on  internet(at indiankanoon),  case of Super Refrigeration Pvt. Ltd Vs Super Sales Corporation (FAO (OS) 29 of 97, "SUPER" cannot be registered which is a big brand name in refrigeration industry. But, it is incomplete case as case was dismissed as withdrawn. 24/05/1999. It is brought to notice it was applied or registered around 1970.Kindly, help me how I can obtain its documents if true and status as on 24/09/2014.

ANYPERSON ASSOCIATED , KINDLY ENLIGHTEN ME regarding "SUPER". ( anything related with it)

Mrs.Rajeev Maini

rajeevmainisuper@gmail.com

 



Learning

 1 Replies

Hardeep (Business)     03 October 2014

AFAIK, a generic word such as " Super " cannot be trade marked. During the original case , it was not registered ( although being shown so by the Plaintiff, initially and the Defendant had also filed an application for same which was not decided till the time of the case decision  )

See original case at :

https://indiankanoon.org/doc/1248270/


Super Refrigeration Pvt. Ltd. vs Super Sales Corporation on 6 November, 1996

Here the  Case was NOT dismissed as withdrawn, instead the application of the Plaintiff claiming their right to sole use of the word " Super" was dismissed. Even an action for " passing off"  - where someone uses a Mark to use/damage the reputation of an existing Mark was not held since the Defendant was prominently putting " Maini" as well , along with the word " Super" . This is how I  understand the case.


Maybe that is why the later case you refer to was withdrawn.

 

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