Principle: Words describing quality of things cannot be registered as trade mark. However, such words may be registered as trade mark if they 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 trademark in the year 1970.

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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 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 trademark in the year 1970.






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