Case Title: Oswaal Books and Learnings Private Limited Vs Registrar of Trade Marks Date of Order: 28 May 2025 Case Number: C.A.(COMM.IPD-TM) 19/2024 Neutral Citation: 2025:DHC:4519: Court: High Court of Delhi Judge: Hon'ble Ms. Justice Mini Pushkarna
Very Brief Facts:
Oswaal Books applied to register the trademark "ONE FOR ALL" for educational books; the application was rejected by the Trade Marks Registry due to lack of distinctiveness, as the mark was deemed descriptive and common, with no secondary meaning established.
Decision:
The Court dismissed the appeal, affirming the refusal, holding that the mark "ONE FOR ALL" is a laudatory, descriptive slogan that lacks inherent or acquired distinctiveness.
Law Settled:
A trademark must be inherently distinctive or have acquired secondary meaning to qualify for registration. Descriptive or common phrases, unless they have acquired secondary meaning, cannot be monopolized as trademarks under Section 9 of the Trade Marks Act, 1999. The applicant failed to prove that "ONE FOR ALL" had acquired such distinctiveness.
