Is XEROX A Metonym For Photocopier?

The Intellectual property Appellate Board (the Board) says NO. The bench of J. Prabha Sridevan and Ms S. Usha, in an interesting order, held that that the mark 'Xerox' does not deserve to be removed after almost 50 years of continued existence on the register without challenge and a user proof of almost 44 years.

The seven rectification petitions' main contention was that the word Xerox has now become publici-juris due to its usage as a synonym for photocopying. Also that the word is in use in all Indian languages and with the passage of time, the applicant emphasized, the mark has lost its distinctiveness along with its value as a trademark consequently falling into public domain.