Protecting Translations of Descriptive Words as Trademark

In law of trademarks, words that are distinctive enough to distinguish goods or services of one person from those of others, qualify to be protected against infringement and/or passing off. Descriptive words/marks which lack inherent distinctiveness are refused registration under the Indian Trade Marks Act, 1999 (hereinafter, “the Act”). Interestingly, trademark squatting vis-à-vis translation of descriptive words is a niche area in trademark disputes. This article attempts to discuss this subject area in the light of an order passed by the Hon’ble High Court of Delhi in the case of Sunil Mittal & Anr. v. Darzi On Call.

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