Acquiescence: A Facet Of Delay

Introduction

A word trademark is inherently distinctive when it is an invented or coined word and the uniqueness of its distinctiveness can be diluted if used by others in an unauthorized manner. But the pertinent question here is that what is the time limitation to bring a passing off action against the unauthorized use of the trademark. Whether a trademark owner can be allowed to come after elapse of a considerable period of time to set the clock back. The instant case Intel Corporation v. Anil Hada and Ors. 2006 (33) PTC 553 (DEL) looks into the issue of delay in taking action against passing off.

The claim of INTEL [plaintiff] is that the mark ‘INTEL’ is an invented word having inherent distinctiveness and the same had been using it as its corporate name and as a trademark on its products since 1968 worldwide and since 1972 in India. It has earned substantive goodwill and reputation among members of the trade and public. The word ‘INTEL’ reflects their