Bata Succeeds On Procedural Grounds

Trademarks in serving the purpose of "identification" and "brand-establishment" often become the bone of contention as regards attainment of the status of a generic word. While the issue of deceptive similarity may also cloud such a matter, rival impress upon holders of trademarks opposition and cancellation applications. It is indeed interesting to note how procedural formalities laid down in the statute-books may gain prominence over issues of deceptive similarity and attainment of common knowledge to the public. Witnessing such a development of viewpoint is the case of Bata India Ltd. v. Khadim Holdings Pvt. Ltd. {2008 (37) PTC 171 (CB)}.