A Stitch In Time Saves Nine

Creativity in trademarks is the key to successful trademark registration as well as gaining recognition among the consumers. While it is important that a mark should represent the Company/proprietor, it is also necessary that the name should be distinctive enough to not be copied. An arbitrary or fancy mark tends to have a stronger protection because in the event that a third party copies the same, it will be difficult to justify such adoption. In the case of Datamatics Global Services Limited vs Royal Datamatics Private Limited, the consequence of adopting an unimaginative mark was borne by the Plaintiff. The Plaintiff (Datamatics Global) was running its business, in 1975, under the name ‘Datamatics’ which it claimed to be a coined word and therefore, exclusive to the Plaintiff alone. Further, the Plaintiff submitted that it had registered the trademark ‘Datamatics’ in classes 35 and 42. The Plaintiff, in 2013 became aware of the Defendant’s presence and sent a cease